Tyler truck accident trials require considerable resources, substantial knowledge, and superior Tyler truck accident trial experience.
To create a winning truck accident trial strategy in Tyler, TX, we must meticulously investigate, research, create a compelling case, and prove it in court to a jury in Tyler to establish the defendant wronged others and shouldn’t get away with it without the victim receiving justice and a fair settlement.
McKay Law’s Advanced Technology To Assist Tyler Truck Accident Case
McKay Law utilizes the latest, most technologically advanced trial procedures and has assisted Truck Wreck Victims in Tyler, TX utilizing:
Specialized Personnel, Investigators, Investigative Tools, Technologies, Expert Witnesses and Forensics Are Utilized at McKay Law To Prevail at Trial.
Our outstanding team of knowledgeable legal specialists in Tyler, TX is one of McKay Law’s most valuable business resources. To give our clients the best chance of success, we have assembled a full team of support staff, case managers, accomplished lawyers, and forensic investigators with impressive levels of Tyler truck accident experience and complementary skills.
Non-Complacency and a will to win in our trial achievements in over 20 years of personal injury practice we have enjoyed in the past for more than 20 years. Our growing family is continuously being expanded in terms of quality, quantity, and value. We are assisted in building the best team feasible by outside resources and business partners.
McKay Law Uses Technology to Gather Evidence
Technology is increasingly playing a role in how personal injury cases are argued, won, and decided. The use of technology to gather evidence has become an essential part of the process for attorneys and their clients. Technology can be used to access hard-to-reach facts, data, and information that can help prove liability or culpability in an accident or injury case.
Using technology to gather evidence can include utilizing drones for aerial photography of accident scenes or building inspection, online research to uncover facts about a particular situation, and the use of computer simulations or animation to create 3D models that can help recreate an accident scene in its entirety. Additionally, wes may employ data analytics tools to analyze large amounts of data, such as medical records or financial documents.
The use of technology to gather evidence also allows for the leveraging of social media and other online sources for information about particular parties involved in an accident. This can help provide insight into the circumstances around the incident or may be used to uncover potential witnesses who could testify on behalf of the plaintiff.
The use of technology to gather evidence can also be used in the courtroom, as attorneys may use virtual reality or augmented reality technologies to help support their arguments. This can include virtual walk-throughs of accident scenes, demonstrations of equipment involved in an incident, or simulations that show how an injury occurred and its long-term consequences.
How McKay Law Utilizes AI, Data, and Analytics to Gain Leverage with Defenses and Settlements?
Technology is revolutionizing the way personal injury cases are handled. Artificial Intelligence (AI) has been a game changer when it comes to analyzing evidence, tracking down potential witnesses, and creating compelling legal arguments. Data-driven insights have also improved the accuracy of risk assessment and settlement negotiations.
AI can be used to analyze vast amounts of data quickly and accurately. AI algorithms can determine patterns in the data that may be difficult for humans to detect, allowing lawyers to develop effective strategies for their cases.
AI technology can also be used to cross-reference evidence with legal decisions from other similar cases and identify points of contention or available plaintiff claim arguments. By streamlining the discovery process, AI can help reduce the cost of litigation and increase the speed at which cases are resolved in favor of the plaintiff’s claims.
Data analytics can also be used to validate or refute witness testimony or expert opinions. By comparing data points from different sources, lawyers can quickly determine if a witness’s story is consistent with other facts in the case. This makes it easier for attorneys to challenge defense witnesses’ statements and put together a strong plaintiff claims.
Analytics can also help with settlement negotiations. Lawyers can use data to accurately assess the probability of winning in court, identify potential areas of compromise and calculate the value of a claim. This helps lawyers ensure they get fair settlements for their clients without going to trial.
McKay Law Is Well-Versed in the Transportation, Trucking and Commercial Vehicle Business in Tyler, TX.
Driver negligence, poor road conditions, drug and alcohol abuse, inadequate equipment upkeep, and poor dispatch rules and guidelines are just a few of the factors that contribute to Tyler truck accidents. McKay Law is infinitely more qualified to determine responsibility and establish negligence thanks to McKay Law’s special familiarity with all these vehicular factors in Tyler, TX.
Additionally, McKay Law is fully aware of all the local Tyler, TX., Texas State, and Federal laws and regulations governing trucking and business deliveries in Tyler, so we are aware of the challenges drivers face. We also understand how to navigate the investigative paperwork and processes while collaborating successfully with the various and numerous parties involved.
McKay Law Has Practical Knowledge
To be the most prepared, knowledgeable, and astute Tyler truck accident attorneys, McKay Law does whatever it takes to be successful. We have firsthand experience, understand what it’s like to be “in the cab,” and can “talk the trucker’s language” in addition to our knowledge of vehicle accidents.
To best serve our clients, we go through special training, such as sending our staff to an internationally renowned truck driving and safety school, where we get hands-on experience operating trucks and learn about the demands and necessities of the position.
Proof That McKay Law Wins Big Truck Cases
Although having exceptional resources and knowledge are significant indicators of a law firm’s effectiveness, the most crucial metric is the outcomes they achieve. In the past 20 years, McKay Law truck, car, and commercial vehicle accident attorneys have prevailed in hundreds of cases, netting our clients settlements totaling hundreds of millions of dollars. We can also help you in this way. Just recently, we settled a truck accident wrongful death case for $6mm.
When left to their own knowledge and skills, victims of car, truck, and commercial vehicle accidents must navigate a confusing web of bureaucratic procedures and formidable insurance companies and trucking corporations that have access to substantial resources, time, training, and expertise. Fortunately, victims don’t have to feel intimidated and overpowered when they have an experienced and knowledgeable truck wreck legal firm on their side like McKay Law. Victims can take action to defend themselves, obtain just recompense, and get their lives back to normal.
When you work with McKay Law, you don’t just hire a Tyler truck accident attorney; you also become a part of a winning team of professionals, highly skilled at winning complicated trials. Call the attorneys for Tyler truck accidents at (903) INJURED / (903) 465-8733. if you are involved in a wreck and were injured or shaken up.
Drivers and passengers in private vehicles frequently sustain serious, fatal, or catastrophic injuries when a semi-truck collides with them. This is mainly due to the fact that these trucks are larger, heavier, and require more time to stop. Unfortunately, these wrecks are more common than you might imagine in Tyler and Longview.
A Tyler truck accident lawyer at McKay Law can help you file a claim if you or a loved one was hurt in a truck accident caused by someone else’s negligence. We can assist you in navigating the challenging legal system and obtaining restitution for your numerous monetary, material, intangible losses and pain and suffering.
How Can a Tyler Truck Accident Lawyer Help Your Case?
After a truck mishap, you might feel overwhelmed by the difficult insurance and legal procedures you have to go through. Fortunately, if you retain one of our Tyler truck accident lawyers, we can assist you by managing the important duties listed below and more:
Launching a Private Investigation and Gathering Evidence
One of the first places a lawyer will look when reviewing your case is the accident site. Our lawyers are prepared to start your accident inquiry and gather the necessary proof to support a strong claim, such as the following:
- the police
- traffic tickets
- Medical invoices and documentation
- Affidavits and comments from eyewitnesses
- Police officials, doctors, accident reconstructionists, psychologists, and other experts are called as witnesses.
- Images and videos of the accident site
- Observational footage of the crash
- documents regarding trucking laws
- Driver diaries and car records
- Unknown details
- Call and messaging history on a cell phone
- injury images
- Finding Your Damages and Calculating Them
Securing a monetary settlement from the party at fault for your damages is the main goal of a personal injury lawsuit. We can assist you in identifying your losses and giving them a monetary worth in order to achieve this. After determining the extent of the losses, one of our lawyers can ask the responsible party for the full sum.
Filing an Insurance Claim and Representing You in Negotiations
Your attorney can assist you in developing a strong claim and requesting payment from the insurance provider accountable for your losses after you have gathered the required evidence. After a Tyler truck accident, your initial course of action in pursuing compensation will almost certainly involve contacting the at-fault party’s insurance provider. However, it is highly recommended that you refrain from communicating with a claims adjuster without a lawyer present.
We advise against you contacting the insurance provider on your own for a number of reasons, including the following:
The business is profit-oriented and not on your side. No matter how severe your injuries are or how much you’ve endured, their top goal will be to lower the settlement they must pay.
Insurance firms may try to use your statements against you in the future by manipulating them. They’ll probably try to find excuses to undercut or reject your claim, including saying you’re at fault or at least partly responsible.
Do not anticipate receiving a reasonable settlement from the insurance company at first. Having one of our legal representatives on your side who is familiar with and adept at navigating insurance company strategies is in your best interests. We are more likely to persuade the insurance company to accept a reasonable settlement that is higher than the initial offer than if you try to negotiate on your own.
Finally, if you have a lawyer on your side, the insurance company is more likely to treat your claim carefully. We will work to show that neither your acts nor your responsibility for the accident were involved.
Representation in Court
Even if your claim is supported by evidence, the insurance company might keep rejecting it or underestimating its worth. So, if you haven’t already, you really ought to think about hiring a lawyer who can submit a lawsuit and seek the money you’re due. Our lawyers will aggressively defend you in court and submit your case to the jury if necessary.
Tyler Truck Accident: Who Is Responsible?
Unsurprisingly, many semi-truck mishaps are the result of operator error or negligence. Accidents, however, can also result from poor road conditions, faulty truck systems and parts, and negligent truck upkeep.
In a truck accident, a number of individuals may be held accountable, including the following:
Driver of the Truck
By breaking traffic laws, such as going too quickly for the road conditions or failing to cede the right-of-way, truck drivers may cause accidents. However, claims are typically made through the insurance company of the driver’s employer because driver negligence typically happens while they are acting in the course of their employment.
While the trucking business or carrier that employs the driver is frequently liable for their mistakes, they are also responsible for carrying out routine inspections and keeping their vehicles in good working order. Additionally, they might be held accountable for pushing drivers to go against the Federal Motor Carrier Safety Administration’s stipulated hours-of-service limitations. (FMCSA). These regulations were put in place to stop drivers from getting tired or nodding off behind the wheel.
It is the responsibility of cargo shippers and loading businesses to pack a truck’s cargo and make sure it is evenly distributed, securely contained, and fastened. If goods spill out onto the road, fall to the ground, or the truck tips over and causes an accident, one of the businesses may be held accountable for improper load distribution or security.
Equipment and Vehicle Manufacturers
If a Tyler truck accident is caused by a faulty part or system, the manufacturers of trucks or associated mechanical and electrical components may be held accountable. For instance, faulty steering wheels, brake failure, or tire blowouts may be the responsibility of the manufacturer.
Trucking firms occasionally have their vehicles maintained and repaired by independent mechanics. In addition, if a shop neglects to fix a truck or replace a defective component, they may be responsible for the losses incurred by an accident victim.
The injured party and their attorney must identify the proper parties as defendants in order to hold them accountable for damages in order to obtain a reasonable settlement or court judgment. As a result, in order to establish who is at fault for the Tyler truck accident, our lawyers must gather and review all relevant evidence.
Nearby Tyler Truck Accident Attorney – (903) INJURED / (903) 465-8733
How Do Tyler Truck Accident Lawyers Establish Liability and Negligence?
You and your attorney will need to demonstrate that the driver or other party was at fault when you file a claim for a truck mishap. For this, it is necessary to determine the following factors:
Duties of Care
All drivers, including vehicle drivers, have a duty of care to other road users to drive safely and in accordance with the law. This responsibility, also known as a duty of care, is meant to hold drivers accountable for the damage that their negligence causes to third parties.
Similarly, trucking and loading companies, truck maintenance shops, and manufacturers owe a duty of care to those who encounter the semi-trucks they make, own, load or maintain.
Default in Duty
A party commits a violation when they fail to take reasonable care, frequently through careless or malicious behavior. A driver, for instance, violates a duty if they drive recklessly or too quickly for the road circumstances, for example.
Additionally, your lawyer must show that the negligent party’s failure to uphold their responsibility resulted in your injuries. While proving this may seem relatively straightforward, if the insurance company has reason to believe your injuries were pre-existing, they can use this to cast doubt on your case.
Accident claims list penalties for monetary, tangible, and intangible losses. A demand for compensation must include a calculation of the damages’ monetary worth. Losses can be proven using evidence such as medical bills, income records, expert witnesses, and more.
Accident victims seeking to file insurance claims often have difficulty establishing these four elements independently. Your attorney can help you calculate your financial expenditures and estimate personal losses, such as emotional anguish and diminished quality of life.
What Compensation Can a Tyler Truck Accident Lawyer Recover?
When another party causes a truck accident in Tyler or Longview that leaves you severely injured, you may be entitled to receive restitution for your losses. Damages are specific losses than can be assigned a value. Some losses are purely financial, such as medical bills. Others must be estimated due to their personal, subjective nature, such as emotional anguish.
Common damages pursued in Tyler truck accidents include the following:
Medical bills, including emergency care, hospitalization, surgery, doctor’s visits, rehab, medications, etc.
- Lost income due to missed work
- Diminished earning capacity for lost future income
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Physical limitations and disability
- Diminished quality of life
The Texas statute of limitations for personal actions (Texas Civil Practice and Remedies Code § 16.003) allows you to file a truck accident lawsuit up to two years following your accident and injuries. However, keep in mind that it can take considerable time to negotiate with insurance companies and file the paperwork required to initiate legal proceedings. For this reason, you are encouraged to consult with one of our Tyler truck accident attorneys as soon as possible.
An Example of One of Our Trucking Accident Settlements
A former client of Lindsey McKay, was injured when an 18-wheeler truck collided with his vehicle. The truck’s operator was approaching an intersection when he failed to yield the right-of-way. He tried to turn around unsafely and struck the car that Ms. McKay’s client was driving. The defendant insurance company settled for $6mm which was the policy limit.
Our Tyler personal injury lawyers have a long history of representing clients who’ve been injured in truck accidents and securing them the compensation they deserve. If you need us to fight for your legal right to pursue injury-related damages, we can help you, too.
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Filing a Wrongful Death Claim for a Loved One Fatally Injured in a Truck Accident
If you lost a spouse or other loved one in a truck accident, you could pursue compensation for losses suffered by your family and the decedent. In Texas, you can file a wrongful death claim (Texas Civil Practice and Remedies Code § 71.002) for up to two years following your loved one’s passing. Damages you can recover can include the following:
- The decedent’s outstanding medical bills
- Funeral and burial expenses
- Loss of decedent’s earnings
- Loss of decedent’s love and companionship
- Loss of the decedent’s household services
- Emotional suffering caused by the decedent’s death
- Most Common Causes of Tyler Truck Accidents
- A semi-truck accident can happen for various reasons, including driver carelessness, mechanical failure, or unsafe road conditions. Some of the most common causes of Texas truck accidents include the following:
Distracted driving is one of the most common causes of vehicle accidents involving semi-trucks. Truck drivers may become distracted by their cell phones, radio, GPS, food, or checking their trucking logs. Being distracted for even a second can spell disaster on the road.
Again, truck drivers have deadlines to meet and money to make. This can incentivize drivers to drive too long or skip sleep. Tired drivers tend to have decreased attentiveness and slower reaction times, both of which are required to drive safely. On top of this, a highly fatigued driver is at risk of falling asleep while driving and causing an accident.
Trucking companies are supposed to vet each newly hired driver to ensure they are sufficiently trained to drive a semi-truck safely. However, this costs time and money, so some companies casually overlook it. In addition, big rigs are not easy to operate, and an inexperienced truck driver may be at a heightened risk of causing an accident.
Speeding and Other Traffic Violations
Truck drivers have deadlines for their assigned deliveries and are often paid per delivery. So, if the driver gets behind during a delivery, they may speed or run stop signs to meet a deadline or earn more money. Unfortunately, the faster a large truck travels, the longer it takes to stop. Therefore, speeding can lead to devastating accidents.
Trucking companies often have zero-tolerance policies for driving under the influence of alcohol or other legal or illegal drugs. Additionally, being fired for such an offense can permanently black mark a driver’s record and ruin their career. For this reason, intoxicated driving is not that prevalent. Yet when it does occasionally happen, it dramatically increases the risk of an accident.
Inadequately Maintained or Inspected Trucks
A trucking company must thoroughly and routinely maintain all trucks it allows on the road. Furthermore, they must also undergo government or trucking association safety inspections to ensure the maintenance is done right.
If a truck escapes maintenance or inspection too long, it may fall apart or fail on the road. To illustrate, the rusted or overly tightened lugnuts on a truck’s tires could snap, launching the tire into a nearby driver and causing them to run off the road and crash.
A semi-truck is composed of hundreds of components made by many different manufacturers. Occasionally, one of these components will be defective and later fail on the road, causing a crash. For example, a truck company could have purchased a new set of brake pads for a truck, only to have them immediately fail and cause an accident.
Improperly Loaded Trucks
Commercial trucks deliver tons upon tons of cargo every day. The cargo they bear must be loaded evenly and securely, or it could cause an accident. For example, if the load is stacked too high, this could make the trailer top-heavy and cause a rollover if the truck turns too sharply. Alternatively, a rollover could occur if the cargo is not secured and slides to one side during a sharp turn.
The condition of the road often plays a role in a truck accident. For example, the road could be poorly maintained or under construction. Similarly, it could be wet, icy, or snowy, or the traffic could be particularly congested. These potentially hazardous conditions can make it more difficult for a truck driver to navigate safely.
What Are the Most Common Factors in Truck Accidents?
FMCSA routinely gathers statistics concerning large truck crashes. According to recent estimates, the top ten most common factors are the following:
- Brake problems: 29%
- Traveling too fast for conditions: 23%
- Unfamiliar with roadway: 22%
- Roadway problems: 20%
- Over-the-counter drug use: 17%
- Inadequate surveillance: 14%
- Fatigue: 13%
- Felt under work pressure from the carrier: 10%
- Made illegal maneuver: 9%
- Inattention: 9%
Our Tyler truck accident attorneys will thoroughly investigate your accident to identify the factors that contributed to the crash and determine the party liable for your damages.
Large Trucks and the Accidents They Cause
In addition to semis, many other large trucks and vehicles can cause massive property damage and serious injuries. At Domingo Garcia, we can help if you were injured in an accident involving any of the following trucks in Tyler or Longview:
- Cement trucks
- Rental trucks
- Garbage trucks
- Dump trucks
- Flatbed trucks
- Utility trucks
- Commercial trucks
- Delivery trucks
- Construction vehicles
Semis and other large commercial trucks can be involved in a variety of accidents, such as:
- Truck or semi-trailer rollovers
- Tanker truck or chemical spill accidents
- Override or underride accidents
- Jackknifing accidents
- Sideswipe accidents
- Blind spot and cut-off accidents
- Wide right turn accidents
- Semi-Truck Specifications and Trucking Regulations
Semi-trucks are also called big rigs, tractor-trailers, and 18-wheelers. According to JD Power, semi-tractors have an unladen (unloaded) weight of 10,000-25,000 pounds. An unloaded “53-foot semi-trailer weighs about 10,000 pounds, accounting for a total unladen weight of about 35,000 pounds.” Under federal law, semi-trucks are limited to a maximum laden (loaded) weight of 80,000 pounds. Trucks are also subject to federal maximums regarding width and length.
One of the critical differences in truck accidents versus passenger vehicle-only collisions is that owners, loaders, and drivers of large trucks and subject to federal trucking regulations issued by FMCSA, such as the following:
- Drivers must undergo training to drive specific trucks and cargo
- Drivers must not have a blood alcohol concentration limit .04% or higher
- Trucks must be subject to regular inspections and maintenance as federally required
- Shippers and others responsible for loading are required to secure cargo per federal specifications
- Also, under Texas trucking laws, a driver must have eight consecutive hours off-duty before starting a shift. They may be on duty for 15 hours maximum, with no more than 12 hours of truck operation.
- FMCSA allows up to 14 hours on duty and 11 consecutive hours of operation, followed by a minimum of 10 hours of rest.
Our attorneys will examine all evidence needed to determine if a federal regulation was violated so that we can identify the negligent and liable parties.
Common Injuries Suffered in Truck Accidents
According to the National Highway Traffic Safety Administration (NHTSA), in 2019, an estimated 159,000 people were injured in large truck accidents, followed by another 147,000 in 2020. Furthermore, 4,842 large trucks were involved in a fatal crash, a 33% increase since 2011.
Truck collisions tend to be more severe than typical auto accidents and cause more damage. Therefore, many victims suffer catastrophic, life-threatening, or lethal injuries. They include, but are not limited to, the following:
- Head and traumatic brain injuries
- Whiplash and neck injuries
- Collar bone injuries
- Broken or fractured bones
- Crush injuries
- Back and spinal cord injuries
- Vision or hearing loss
- Limb loss/amputation
- Deep cuts and lacerations
- Internal bleeding
- Blunt force or penetrating trauma
- Organ damage
- Soft tissue injuries
- Psychological trauma
Regardless of the nature or severity of your injuries, you should not have to forgo medical treatment because you are struggling to pay your bills and out-of-pocket expenses. We can help you recover the money needed to pay for ongoing care so you can work on healing and reclaiming your life.
Call for a Free Consultation in Tyler, TX
With an office in Longview, TX, McKay Law has combined experience of more than 25 years and well over 200 trials. We do not hesitate to take on difficult or complex cases. We can use our resources to determine the best route to compensation for your losses.
Because we offer free consultations and work on a contingency basis, you have nothing to lose by requesting a consultation at McKay Law in Longview, TX, if you’re injured in Tyler, TX. We can have one of our truck accident attorneys review your case and determine how much compensation you are entitled to.