Carrollton Truck Accident Lawyer

Truck accidents in Carrollton, Texas, can have devastating consequences, leading to severe injuries, significant property damage, and emotional trauma. Navigating the aftermath of such an incident requires a comprehensive understanding of Texas laws, meticulous investigation, and skilled legal representation. At Carrollton Injury Law, we are committed to providing personalized and effective legal assistance to victims of truck accidents, ensuring that your rights are protected and that you have the best opportunity to pursue the compensation you deserve.

Understanding Truck Accidents in Carrollton

Carrollton's strategic location within the Dallas-Fort Worth metropolitan area makes it a hub for commercial transportation. The influx of large trucks on highways and local roads increases the potential for serious accidents. Understanding the unique aspects of truck accidents is crucial for victims seeking justice.

Common Causes of Truck Accidents

Truck accidents often result from a combination of factors, including:

  • Driver Fatigue: Long hours on the road can lead to exhaustion, impairing a driver's reaction time and judgment.

  • Distracted Driving: Use of mobile devices, eating, or other distractions can divert a driver's attention from the road.

  • Impaired Driving: Operating a truck under the influence of alcohol or drugs significantly increases the risk of accidents.

  • Speeding: Exceeding speed limits reduces a driver's ability to react to sudden changes, making accidents more severe.

  • Improper Maintenance: Failure to regularly inspect and maintain trucks can lead to mechanical failures on the road.

  • Overloaded or Improperly Loaded Cargo: Incorrect loading can cause imbalance, leading to rollovers or loss of control.

Types of Truck Accidents

Truck accidents can manifest in various forms, each with distinct characteristics:

  • Jackknife Accidents: Occur when a truck's trailer swings out of alignment, forming a "V" shape with the cab.

  • Rollover Accidents: Happen when a truck tips over onto its side or roof, often due to high speeds or sharp turns.

  • Rear-End Collisions: Involve a truck hitting the vehicle in front, typically due to insufficient braking distance.

  • Underride Accidents: Occur when a smaller vehicle slides under the rear or side of a truck's trailer.

  • Tire Blowouts: Sudden tire failures can cause drivers to lose control, leading to accidents.

Legal Framework of Texas Truck Accidents

Truck accidents are subject to a complex interplay of federal and state regulations designed to ensure road safety.

Federal Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations that govern various aspects of commercial trucking, including:

  • Hours of Service (HOS): Limits on driving hours to prevent fatigue-related accidents.

  • Commercial Driver's License (CDL) Requirements: Standards for obtaining and maintaining a CDL.

  • Vehicle Maintenance and Inspection: Mandates regular inspections and maintenance of commercial vehicles.

  • Drug and Alcohol Testing: Requirements for testing drivers to ensure they are not operating under the influence.

Texas State Laws

In addition to federal regulations, Texas imposes specific laws pertinent to truck operations:

  • Size and Weight Limits: Restrictions on the dimensions and weight of commercial vehicles to prevent roadway damage and enhance safety.

  • Liability and Insurance Requirements: Mandates that trucking companies maintain adequate insurance coverage to address potential liabilities.

  • Comparative Negligence Rule: Texas follows a modified comparative negligence system, allowing victims to recover damages if they are less than 51% at fault for the accident.

  • Statute of Limitations: Victims have two years from the date of the accident to file a personal injury lawsuit.

Determining Liability in Truck Accidents

Establishing liability in truck accidents involves identifying all parties whose negligence may have contributed to the incident. Potentially liable parties include:

  • Truck Driver: If the driver's actions, such as speeding or distracted driving, led to the accident.

  • Trucking Company: Employers may be liable for negligent hiring practices, inadequate training, or failure to maintain vehicles properly.

  • Cargo Loaders: Improper loading can cause cargo shifts, leading to loss of control.

  • Vehicle Manufacturers: Defective parts or design flaws can contribute to accidents.

  • Maintenance Providers: Negligent repairs or failure to address mechanical issues can result in vehicle malfunctions.

A thorough investigation is essential to determine fault accurately. This process may involve reviewing driver logs, maintenance records, cargo manifests, and employing accident reconstruction experts.

Compensation Available in a Truck Accident Claim

Victims of truck accidents may be entitled to various types of compensation depending on the circumstances of the case. Compensation generally falls into three categories:

Economic Damages

These are measurable financial losses directly resulting from the accident, including:

  • Medical Expenses: Hospital bills, surgeries, prescription medications, rehabilitation, and future medical care.

  • Lost Wages: Compensation for income lost due to time off work and loss of future earning capacity if the injury affects your ability to work long-term.

  • Property Damage: The cost to repair or replace your damaged vehicle and any personal belongings lost in the crash.

    Transportation Costs: Travel expenses for medical treatment, such as ambulance fees or transportation to specialist appointments.

Non-Economic Damages

These damages are more subjective and compensate for the emotional and psychological effects of the accident, including:

  • Pain and Suffering: Physical pain and emotional distress caused by the accident and recovery process.

  • Mental Anguish: Anxiety, depression, PTSD, and other emotional hardships resulting from the crash.

  • Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies you previously enjoyed.

  • Loss of Consortium: The impact on your relationship with your spouse due to accident-related injuries.

Punitive Damages

If the truck driver or trucking company acted with gross negligence, such as driving under the influence or knowingly violating safety regulations, the court may award punitive damages. These damages are meant to punish the responsible party and deter similar conduct in the future.

Challenges in Truck Accident Claims

Truck accident cases tend to be more complex than standard car accident cases for several reasons:

Multiple Liable Parties

Unlike car accidents, where liability typically falls on one driver, truck accidents may involve several responsible parties, such as:

  • The truck driver

  • The trucking company

  • The truck manufacturer (if mechanical failure was involved)

  • A third-party maintenance provider

  • A cargo-loading company

Federal and State Regulations

Truck drivers and trucking companies must comply with FMCSA (Federal Motor Carrier Safety Administration) regulations and Texas state laws. Violations of these regulations—such as exceeding hours of service limits, overloading cargo, or failing to conduct proper maintenance—can play a key role in establishing liability.

Insurance Company Tactics

Trucking companies and their insurers are known for using aggressive legal teams to minimize payouts. Common tactics they use include:

  • Delaying Claims: Insurance companies may stall the process, hoping the victim will accept a lower settlement out of desperation.

  • Blaming the Victim: They may argue that you were partially or fully responsible for the accident.

  • Lowball Offers: They often offer settlements far below the true value of your claim, hoping you'll accept without consulting an attorney.

Steps to Take Following a Truck Accident

The actions you take immediately after a truck accident can significantly impact your ability to pursue a successful claim:

  1. Ensure Safety: Move to a safe location if possible and check for injuries.

  2. Contact Authorities: Call 911 to report the accident and request medical assistance.

  3. Document the Scene: Take photographs of the accident scene, vehicle damage, and any visible injuries.

  4. Gather Information: Collect contact and insurance details from all involved parties and contact information for any witnesses.

  5. Seek Medical Attention: Even if injuries seem minor, consult a healthcare professional promptly.

  6. Notify Your Insurance Company: Report the accident but avoid providing detailed statements until you've consulted with an attorney.

  7. Consult a Truck Accident Lawyer: Engage legal representation to protect your rights

  8. Preserve Evidence: Keep any medical records, accident reports, repair estimates, and communications with insurance companies. If possible, retrieve dashcam footage or surveillance footage from nearby businesses.

  9. Follow Medical Advice: Adhering to your doctor’s treatment plan not only helps with your recovery but also establishes a clear record of your injuries and their impact on your life.

  10. Avoid Discussing the Accident Publicly: Refrain from posting about the accident on social media or discussing it with anyone other than your attorney. Insurance companies and opposing counsel may use your statements against you.

  11. Do Not Accept the First Settlement Offer: Insurance companies often attempt to settle quickly and for less than you deserve. Consulting an attorney ensures you do not settle for inadequate compensation.

Why Choose Carrollton Injury Law?

At Carrollton Injury Law, we put the personal back into personal injury law. We understand that truck accident victims face physical pain, emotional trauma, and financial stress, and we are committed to providing the legal support you need to seek justice.

How We Can Help You

  • Comprehensive Case Evaluation: We analyze the details of your accident, assess liability, and determine the value of your claim.

  • Thorough Investigation: We gather evidence such as black box data, truck maintenance records, driver logs, and witness statements to build a strong case.

  • Aggressive Negotiation: Our legal team negotiates with insurance companies and defense lawyers to fight for maximum compensation.

  • Trial-Ready Representation: If the trucking company refuses to offer a fair settlement, we are fully prepared to take your case to court.

Our Commitment to You

  • Personalized Attention: Every case is unique, and we take the time to understand your specific needs.

  • No Upfront Fees: We work on a contingency fee basis, meaning you don’t pay anything unless we win your case.

  • Proven Results: Our legal team has a track record of success in securing significant settlements and verdicts for truck accident victims.

Contact Carrollton Injury Law Today for a Free Injury Claim Evaluation

If you or a loved one has been injured in a truck accident, you don’t have to go through this alone. The Carrollton Injury Law team is here to fight for your rights and help you obtain the maximum compensation possible.


We proudly serve Carrollton, Texas, and surrounding areas.

Let us help you rebuild your life after a serious truck accident.

You focus on healing—we’ll handle the rest.

FAQs

  • In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. However, waiting too long to file can weaken your case, as evidence may disappear, and witnesses' memories may fade. It’s best to contact an attorney as soon as possible.

  • Yes. Texas follows a modified comparative negligence rule, meaning you can still recover damages if you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault, your total compensation would be reduced by 20%.

    • The value of your case depends on several factors, including:

    • The severity of your injuries

    • Medical expenses (past and future)

    • Lost wages and diminished earning capacity

    • The level of pain and suffering endured

    • Whether the trucking company was grossly negligent

      Every case is different, and an experienced attorney can provide an accurate estimate of what your claim may be worth.

  • Yes. Truck accident cases involve multiple parties, complex regulations, and large insurance policies, making them much more complicated than typical car accident claims. Having a lawyer ensures you receive fair compensation and are not taken advantage of by trucking companies and their insurers.

  • The timeline varies depending on the severity of injuries, the complexity of liability, and whether the case goes to trial. Some cases settle in a few months, while others may take over a year. At Carrollton Injury Law, we work diligently to resolve cases efficiently while ensuring you receive the compensation you deserve.

What Our Clients Say

Free Injury Claim Evaluation

No Fee Unless We Win

Personal Injury Practice Areas

WERE YOU OR A LOVED ONE SERIOUSLY INJURED?