Dallas Construction Vehicle Accident Attorneys
If you suffered injuries in an accident with a construction vehicle, you might be entitled to financial compensation. The Dallas truck accident attorneys of The Benton Law Firm could help you hold the at-fault driver or trucking company liable for the harm they caused. We have the experience and resources to protect your rights and seek the justice you deserve. We will be your advocate during this traumatic ordeal and remain by your side until the very end.
Construction workers rely on different trucks and other vehicles to transport equipment, machinery, and materials to construction sites and to do the work on the actual job site. These vehicles help prevent injuries, so no one has to lift heavy objects, and they can improve job efficiency. However, they’re also dangerous. When they collide with a passenger car, the smaller vehicle occupants can sustain life-threatening injuries during the impact.
At The Benton Law Firm, our Dallas construction vehicle accident attorneys are ready to discuss your case and advise you about the legal options available for recovering compensation from the at-fault party. Call us for a free consultation at (214) 777-7777.
Types of Construction Vehicles
Construction areas are a common sight, especially on roadways. Growing cities require ongoing construction of new buildings, highways, and other structures. Construction vehicles are a necessity but when carelessly driven, they can also put other drivers and their passengers in harm’s way. They’re massive and often contain materials that can cause injuries if they fall off the construction vehicle or become flying debris during a crash.
The most common types of construction vehicles in Dallas are:
- Dump trucks
- Asphalt milling machines
- Flatbed trucks
- Cement mixers
- Crawler excavators
- Road rollers
Operating a construction vehicle requires experience, skill, and focus. It can be challenging for the driver of one of these monsters to navigate through traffic, around sharp turns, and on narrow roads. Driver error or inattention could lead to a catastrophic accident with a small car.
Common Causes of Construction Vehicle Accidents
You might think that the truck driver should be held liable for an accident involving a construction vehicle. After all, they were behind the wheel and made a careless mistake. However, their employer could be just as much to blame. Multiple parties could be at fault depending on the circumstances of the crash.
The most common causes of construction vehicle accidents are:
- Inadequate maintenance and repairs – Trucking companies must maintain all vehicles properly and check to be sure they’re in good working condition. They also have to promptly repair damage or defects they find. Without routine maintenance, the truck could malfunction, causing the driver to lose control.
- Tailgating – A trucker won’t have enough time to react to a stopped vehicle and avoid a rear-end crash if they’re following the vehicle in front of them too closely. Large trucks require more stopping distance than passenger cars. It can take up to two football fields to come to a complete stop if a big truck is traveling at 65 miles per hour.
- Negligent hiring – It’s necessary for trucking companies to review a prospective employee’s experience, qualifications, criminal record, prior accident reports, and other details. Without a thorough background check, they could hire a dangerous truck driver that doesn’t know how to operate the vehicle or that has a history of reckless behavior behind the wheel.
- Improperly loaded cargo – Federal regulations are in place detailing the maximum allowed weight and size of all commercial trucks. Overloading the vehicle or an unevenly distributed load could prevent the driver from having total control of the vehicle.
- Blind spots – Four major blind spots exist on large trucks. They’re more significant than blind spots on small cars. The trucker must thoroughly check for other vehicles before merging, changing lanes, or turning.
- Speeding – Driving too fast for hazardous conditions or above the speed limit significantly reduces a truck driver’s reaction time. It’s unlikely they can quickly decide what to do to avoid an accident if they encounter traffic or an emergency when they are speeding.
- Distracted driving – Operating a construction vehicle requires total attention and control. Redirecting the eyes, hands, or focus to something other than the task of driving could result in an accident.
If any of these factors contributed to your collision with a construction vehicle, you should contact The Benton Law Firm to discuss your legal options. Our Dallas construction vehicle accident attorneys can begin working on your case and gathering the evidence we need to prove the truck driver or trucking company was responsible.
Seeking Compensation from the Negligent Truck Driver
Trucking companies must buy and maintain liability insurance for their truck drivers. The required coverage limits under federal law are:
- $300,000 – Vehicles less than 10,001 pounds and carrying non-hazardous cargo
- $750,000 – Trucks over 10,000 pounds containing non-hazardous items
- $1 million to $5 million – Oil and other hazardous freight
Texas is a fault state when it comes to auto insurance, meaning whoever caused the accident becomes financially responsible for the resulting injuries and losses. When you file a claim with the trucking company’s insurer, you could seek compensation for the losses you suffered from the crash, such as:
- Past and future medical expenses
- Lost income
- Loss of future earnings
- Property damage
- Pain and suffering
- Physical impairment or disfigurement
- Mental anguish
- Loss of household services
- Loss of consortium
The Dallas construction vehicle accident attorneys of The Benton Law Firm have the resources and experience to investigate your case thoroughly and determine an appropriate monetary value for your losses. While we’re calculating the correct number to compensate for your total damages, we might look at these factors:
- The type and severity of the injury
- Any permanent impairment, disability, or disfigurement caused by the crash
- Any psychological or emotional effects
- The amount of evidence proving fault
- The total cost of medical treatment and other expenses
- The length of your recovery period
- The liability coverage listed on the trucking company’s insurance policy
- The impact of the accident on your quality of life and daily routine
- The amount of time spent away from work due to the injury
- The estimated cost of necessary medical treatment and assistance in the future
Even if your injury is minor, you still deserve the chance to recover compensation from the at-fault party. You shouldn’t bear the financial burden of healing when you didn’t do anything to cause the accident. You can depend on The Benton Law Firm to remain in your corner throughout the entire process and fight for the maximum available compensation.
Filing a Civil Lawsuit Following a Construction Vehicle Accident
Your only option for seeking compensation isn’t just filing an insurance claim. You might be able to file a lawsuit. This step becomes necessary if the insurance company provides a low settlement offer or denies the claim entirely.
There is a strict timeframe for initiating a lawsuit in Texas. The statute of limitations is two years. That means you must file suit within two years of the accident date. If you allow the deadline to pass, you could lose the opportunity to hold the truck driver liable in court.
However, an exception to this rule exists. If you are under a legal disability, the clock could pause and delay the deadline. A legal disability includes:
- Being of unsound mind; or
- Having not yet reached 18 years of age.
The two-year timeframe would not begin again until you turn 18 years old or gain mental competency. Extending the statute can be a challenge, so it’s vital that you consult with an experienced Dallas construction vehicle accident attorney. We can review the details of your case and determine if we need to submit a request to the court to pause the clock.
How Proportionate Responsibility Could Affect Your Case
Texas uses proportionate responsibility to determine the financial compensation an accident victim deserves. Under this statute, a jury could reduce a person’s losses by the percentage of fault they share for their injuries.
For example, if you have $100,000 in losses, but a jury finds that your actions were 20% to blame for the accident, you would be entitled to no more than $80,000. If you share more than 50% of the fault for the accident, you wouldn’t be allowed to recover any amount of compensation.
The Benton Law Firm Legal Fees and Costs
Our Dallas construction vehicle accident attorneys understand that many people can’t afford their medical expenses. Paying for medical care can become a significant source of strain and can lead to debt. That’s why some accident victims decide not to seek legal representation. They want to avoid additional costs.
The Benton Law Firm will take your case on contingency, so you don’t have to worry about upfront fees or costs. We won’t collect our legal fees unless we secure an insurance settlement or favorable jury verdict for you. If we lose, you won’t owe us any money.
At The Benton Law Firm, our legal team will handle every step of the legal process so you can focus on healing. You can feel confident knowing you’re in qualified and capable hands when you hire us to represent you in your case. We will do our best to meet your needs and achieve your legal goals.
Our award-winning Dallas construction vehicle accident attorneys hold a 10.0 Superb rating from Avvo and have received recognition from multiple legal organizations. We’re proud of the reputation we’ve built over the years and strive to continue to represent the interests of individuals suffering from others’ wrongdoings.
If you were hurt in a construction vehicle accident in Dallas, call The Benton Law Firm at (214) 777-7777 for your free consultation. Let our compassionate and knowledgeable team help you hold the truck driver or trucking company accountable for their reckless or negligent actions.