Commercial vehicles such as 18-wheelers are a vital part of the U.S. economy. They aid in the movement of hazardous and non-hazardous goods from one region to another. They traverse millions of miles every year as they crisscross states. For this reason, they are a common sight on Santa Fe roads.
Unfortunately, these trucks are also incredibly dangerous, especially when a crash occurs. Because of their sheer size and weight, collisions with other vehicles, pedestrians, cyclists, or motorcyclists are often catastrophic. If you have been in a similar crash, you need a truck accident lawyer in Santa Fe by your side.
Between seeking treatment for your injuries and dealing with insurers, you are likely to be overwhelmed and frustrated. You can talk to our Santa Fe jackknife truck accident lawyers in these moments. Lone Star Injury Attorneys is here to provide The Gold Standard in Personal Injury™.
How is Fault Determined in a Jackknife Truck Accident?
There are many methods our Santa Fe personal injury lawyers use to prove fault. Generally, determining fault in any auto wreck or personal injury case hinges on negligence. Much of it revolves around duty of care, breach of duty, causation, and damages.
Duty of Care
Duty of care refers to a party’s obligation for another person’s well-being and safety. It requires them to do everything reasonably possible to prevent foreseeable harm from happening. For example, every driver on Texas roads has a duty to maintain speed limits and observe traffic laws.
Breach of Duty
On the other hand, a breach refers to the failure by a party or entity to observe the duty of care discussed above. It may occur in several ways, such as speeding, aggressive driving, or failure to yield.
Proving that another party breached the duty of care in a Santa Fe jackknife truck accident case may be demonstrated through eyewitness statements, surveillance footage, police reports, and expert witness testimonials.
Causation
Causation directly links the breach of duty and the harm suffered. This link is often direct. Causation is a critical issue in personal injury cases, particularly where the fault is contested. As the plaintiff, you must prove, with evidence, that the accident or injuries you suffered would not have occurred if the other party observed the duty of care.
Unfortunately, proving causation may be difficult for you, especially when you are not experienced in handling personal injury claims. However, a qualified Santa Fe jackknife truck accident lawyer may help.
Damages
Damages are the losses you suffer following an accident or injury. They may be tangible or intangible. Many often stem from financial losses, such as medical expenses and property repair costs.
However, you may still pursue compensation for intangible losses such as emotional distress and diminished quality of life. A seasoned Santa Fe jackknife truck accident attorney can help compile all your losses and advocate for maximum compensation on your behalf.
For a free legal consultation with a jackknife truck accident lawyer serving Santa Fe, call (832) 449-8230
Who Can I Sue for Damages?
Once the concept of negligence has been applied, any party found to have contributed to the accident or your injuries can be sued. Because Texas follows the comparative negligence rule, liability in personal injury cases is shared among the parties involved based on their role and contributions.
Additionally, you may also be eligible for compensation if you were partially at fault. However, your degree of fault must be 49% or below. Some of the parties that are likely to be at fault in a jackknife truck accident include:
- Truck driver for negligent driving
- Truck owner for negligent driver hiring
- Trucking company for improper vehicle maintenance and substandard driver working conditions
- Truck manufacturer for defective vehicle parts or systems
- State agencies for improper road maintenance
- Construction companies for unsafe road designs
- Other motorists and road users for negligence
A skilled jackknife truck accident attorney in Santa Fe can review your case and establish the parties to sue. Remember, you can sue more than one party. So, it is crucial to retain a legal professional like Attorney Max Paderewski who can handle your case while you continue with treatment and recovery.
Santa Fe Jackknife Truck Accident Lawyer Near Me (832) 449-8230
Do I Need a Lawyer?
Yes. Most personal injury cases, especially minor fender benders, can be resolved by the parties involved without an attorney. However, truck accidents are distinct from ordinary auto wrecks.
Besides the many parties that are involved, there are complex trucking regulations that determine the course of action, especially when someone is injured or killed. Because understanding these laws and how they affect your case is vital, there is an absolute need to hire an advocate specializing in truck accident cases.
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Contact the Santa Fe Jackknife Truck Accident Attorneys at Our Firm Today
Our Santa Fe jackknife truck accident lawyers can review your case for free and help determine your eligibility for compensation. To get started, please call our firm or complete our online contact form, and our team will get back to you right away.
Call or text (832) 449-8230 or complete a Free Case Evaluation form