Your Rights as the Victim of a Commercial Vehicle Crash in Dallas
When we think of commercial vehicle accidents, our minds usually jump straight to 18 wheeler crashes, but there are many other types of commercial vehicles that are involved in accidents every day in Dallas. Any vehicle that is used to conduct business, like company vehicles, school buses, construction vehicles, and taxis, are considered commercial vehicles. 18 wheeler accidents usually cause severe injuries, and are therefore often the focus of personal injury claims.Your Right to be Compensated
After an accident with a commercial vehicle in Dallas, you may be dealing with everything from injuries, property damage, and medical bills to psychological trauma and changes to your lifestyle. Luckily, our legal system has rules in place that allow victims of accidents to be compensated for their losses to aid in the recovery process and protect accident victims from incurring unnecessary financial and emotional burdens.
In order to be compensated for your injuries, you and your Texas commercial vehicle accident attorney must be able to prove that another person or company caused your accident through reckless or negligent behavior.
To prove negligence after an commercial vehicle collision, you and your Dallas personal injury lawyer need to prove the following:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The breach of duty of care led to your accident
- The accident in question caused the injuries you are seeking to recover damages for
Once you and your truck crash lawyer in Dallas have proven that the other party was at fault for your accident, it must be determined you were not more than 50% at fault for your accident due to the modified comparative fault laws in Texas.Modified Comparative Fault
In Texas, Commercial vehicle and 18 wheeler accident cases use a rule called modified comparative fault when determining how compensation will be paid out. Modified comparative fault means that accident victims have a right to compensation for their injuries even if they are partially at fault for the accident as long as they are not more than 50% responsible for the accident.
Your truck crash lawyer in Dallas will then compile evidence to prove fault in the accident and ultimately a decision will be made on how responsible each involved party was, represented as a percentage. Your compensation will be determined by the percentage of fault assigned to you.
For example, if the total amount of damages awarded in the claim is $10,000 and you are determined to be 20% responsible for the accident, you will receive $8,000 because 20% of the total would be subtracted to represent your portion of fault for the accident.Do You Need a Lawyer?
Having an experienced Dallas personal injury lawyer review your case could drastically change the outcome of your claim. Every trucking and insurance company will have lawyers ready to ensure that they pay the minimum settlement to you to protect their own bottom line. Consulting an attorney will ensure that you are taking the right steps to get the compensation you deserve.You Can Trust Carabin Shaw
If you decide to hire a Texas commercial vehicle accident attorney, you should hire a firm with years of experience and an outstanding reputation. Carabin Shaw has recovered over $1 billion for our clients in our nearly 30 years of legal practice. Because of our client-first mentality, we have been named a top 10 personal injury law firm in client satisfaction by the American Institute of Personal Injury Attorneys.
Call us today at 1-800-862-1260 for a free, no-obligation consultation.