Who is to Blame for the Accident?
The first thing that has to take place in the event that you are involved in an accident with a big rig is to accurately determine who is to blame for that accident. There are many cases involving big rigs where there is more than one defendant. The legal concept known as respondent superior mandates that all employers in the state of Texas are liable for the job-related actions or inactions of their employees. In the case of a big rig accident, there are multiple defendants that can be held responsible for various forms of negligent acts that are committed that result in an accident occurring.
For example, in most big rig accidents, the driver, obviously, is the first party to which blame will be attached. He or she could have been driving under the influence of some kind of drug. If that proves to be the case, then that driver’s employer can be held liable as well for negligently testing the driver for narcotics. In another example, the company responsible for planning a truck’s route can also be held liable if that truck, for example, collides with a bridge that has too low of clearance for the rig. Or the company could have sent that rig into an area that is not zoned for trucking, and be liable for any accident that involved the rig that occurred in that area. Still another example is that of a company that is charged with loading a truck’s cargo, but improperly secures the cargo and causes an accident. We bring you these examples to illustrate how easily there could be multiple parties against which you can take legal action in the event of an accident taking place. And each of them could be independently liable.
But to have any chance of obtaining the just restitution you have coming to you from all the potentially liable parties involved in your accident, you need the skill and experience of a big rig accident lawyer who will protect your rights. Such an attorney is well seasoned in investigating the cause of a big rig accident and helping you accurately assess blame. The driver of the 18-wheeler obviously seems to be one responsible party, but was his or her negligence the true cause of the accident, or did a critical mechanical part malfunction? Was the cargo that the truck was transporting properly secured, or did it come loose and cause the accident? Did the truck hit a low bridge because the company planning the big rig’s route did an inadequate job? It is very rare to be able to quickly and easily determine all the parties to blame in a big rig accident case. That is why you need an experienced big rig attorney who can not only make sure everyone to blame for the accident is held accountable but to accurately determine the degree to which each party is to blame so that damages can be properly assessed. More Information here @ https://www.carabinshaw.com/odessa-truck-accidents.html
Can an Accident Victim Self-Represent?
It is quite legal, of course, for the victim of a big rig accident to represent himself or herself in the ensuing litigation, but it is never recommended. We’re sure you’ve heard of the old saying, “someone who represents himself in court has a fool for a client.” That saying has survived all of these decades because it is true. The road to either settling a big rig accident case out of court or successfully taking it to a trial is fraught with complexity and, in some cases, treachery. Would you perform knee surgery on your son? Would you try and build a Ferrari by yourself in your garage? Of course, you would not; you do not have the skills required, skills that take many years to develop and hone. The same is true for trying to litigate a big rig accident case. You will see several illustrations in this article why it is imperative that you enlist the assistance of a skilled and seasoned big rig accident lawyer in order to get the just compensation you deserve.
Dealing with a Large Corporation
Trucking companies are mandated by federal law to purchase extremely expensive insurance policies to protect themselves from the inevitable litigation that will stem from inevitable accidents. A lot of people are under the erroneous belief that since the trucking company is insured, getting compensation will be a quick and easy process. In reality, however, nothing could be further from the truth. Insurance companies could not care less about how badly you are hurt, or how much you have lost financially and otherwise due to the accident. They care only about their bottom line, and their interests will always be diametrically opposed to yours. In fact, the worse you are injured, the harder they will fight to defeat your claim. The reason is that the monetary amounts associated with severe injury and death claims can reach astronomical heights, and significantly damage an insurance company’s bottom line. If the insurance company capitulates to your demands, it is setting a precedent and will have to do the same in the next case, the next case, the next case after that, and so on. So they will do everything in their power to make sure they defeat your case.
Texas personal injury law flows from the Texas Civil Practices and Remedies Code, and that code allows the victim or loved ones of a victim of a personal injury or wrongful death due to a big rig accident to try and obtain restitution for the harm that has befallen the victim. But that victim, known as the plaintiff in legal parlance, has to bear the burden of proof and establish that the defendant was responsible for the accident taking place. The victim must also prove that the amount of restitution that is being sought is an equitable monetary amount. The insurance company, on the other hand, will either attempt to have the claim denied flat-out or argue that the amount of compensation sought is too high. The best chance you have at getting the just compensation you deserve is by hiring a skilled and seasoned big rig accident attorney who is adept in the fine art of dealing with huge trucking and insurance companies.