Plano Truck Accident
Since 1997, Plano truck accident lawyer Doug Goyen has represented people injured in 18 wheeler, truck accident injury, and other commercial vehicle collisions. We have settled thousands of auto accident injury cases, including a number of trucking companies to pay for injuries caused by truck accidents. For our clients, the Law Office of Doug Goyen provides experienced, aggressive, and powerful representation.
You have no way to control what other drivers do. You can, however, reclaim control of your life after a car accident. The first step on the road to recovery is to contact a Plano auto accident attorney who will protect your rights, seek the compensation you deserve, and ultimately help guide you through your case with the experience, expertise, and desire for justice that your case deserves.
If you need a Plano truck accident lawyer, call (972) 599 4100. We will get started on your case right away.
- Do you have any concerns about your accident-related medical bills?
- Are you concerned about how you will pay for your accident-related injury treatment?
- Do you worry about missing work and losing money as a result of your injury?
- Would you like to make certain that you receive the full settlement value for your injury?
- Are you looking for a lawyer who will make certain you receive the most compensation possible for your injury?
If you answered yes to any of the above questions, please contact the Law Office of Doug Goyen. We achieve our goals. We seek restitution on behalf of our clients who have been injured in truck accidents. We can help you find a facility that can treat your injury. We make certain that our clients receive the full amount of their claims and are compensated for their injuries. People who are looking for a lawyer to represent them in a personal injury case can call us for a free phone consultation and strategy session.
To maximize your recovery, you need a lawyer who will aggressively pursue all of the evidence, witnesses, reports, video, records, and other documents in your case. We have recovered millions of dollars in settlements for our clients. You will not be charged unless and until you win. Please contact us at (972) 599 4100.
The following is a list of what to do if you are involved in an accident with a large truck and there are injuries at the scene, as well as what to do after you leave the accident scene.
What to do at an accident scene:
- Inspect for injuries. The shock and trauma of a large truck accident frequently cause people to initially underestimate the severity of their injuries. Check yourself for any injuries. Examine your passengers for any injuries. Check on the occupants of any other vehicles involved in the collision if their injuries are minor and do not require immediate medical attention. Others may have been injured and require assistance. If anyone is injured, seek medical attention immediately.
- Call 911 if anyone is injured. If there are any injuries, call 911 and inform the operator. Police and paramedics will be called to the scene to help.
- Gather contact information from witnesses. As soon as possible, obtain the names and contact information of any witnesses to the truck accident. Witnesses who are not involved in the accident may stop to help, but they may not stay long because they are not involved. Obtain the contact information for any witnesses, including their name, phone number, and any other information they are willing to provide in the event that you require their statement about what happened in the future.
- Communicate with all other drivers. In Texas, drivers involved in accidents, including truck accidents, must exchange identification and auto liability insurance information. This includes everyone involved, whether or not they are at fault. With your cellphone, take photos of the truck driver’s ID and insurance information, as well as the drivers of any other vehicles involved.
- Take photos of the vehicles’ damage and impact points. If you are unable to photograph the scene, have a friend or family member accompany you. Take pictures of the damage to your vehicle. Photograph the truck’s point of impact. Photograph any other vehicles that have been damaged.
- Take photographs of the accident scene. Take photos of the roadway where the accident occurred, showing the lanes, the intersection (if there was one), and the traffic flow at the time. Take pictures of any skid marks or road debris. Take pictures of the path you were taking – both the way you were going and the way you were coming from. Take photographs of where the truck came from and where it was going.
- Be cooperative with the police when they arrive. They will conduct separate interviews with each driver to obtain their version of what happened. You should make certain that your account of how the accident occurred is included in the police report. If you are injured or in pain as a result of the accident, notify the police officer so that it is noted on the police report.
- If paramedics arrive and advise you to go to the hospital, follow their advice. Paramedics who respond to car and truck accidents have experience and training in identifying symptoms that may indicate a serious, potentially fatal injury. It is better to be safe than sorry. If the paramedics tell you to go to the Emergency Room, do so.
Obtain all identifying information about the truck’s license plate number for the tractor (the part of the truck where the driver is) as well as the trailer’s license plate. Put any identifying numbers on the sides of the tractor and trailer. Take photographs of this information using your phone.
Nobody, and for good reason, wants to be hurt or in pain. If someone injures another person due to negligent behavior, the injured person should be compensated for the loss of their pre-injury and pre-pain condition. You need to protect your rights in order to be compensated. The following list helps accident victims protect their rights after an accident:
Seek medical attention if you have been injured. We can help you if you don’t know where to go for treatment or how to pay for any treatment for your injury.
The Law Office of Doug Goyen can help you find a medical facility that will treat any injuries you sustained in your accident. We maintain a list of local medical facilities that can defer payment for medical bills until we receive payment from the truck company’s insurance carrier.
Do not speak with the insurance adjusters for the trucking company or any of the other vehicles.
If you are hurt, the trucking company’s insurance adjusters and investigators will look for any way to avoid liability for the accident. They will be looking for anything you say that will help them avoid paying your claim by denying responsibility.
Inform anyone from the trucking company, their driver, their insurance company, or any private investigators that they need to speak with your lawyer – if you have not yet hired one, inform them that you are hiring one and that you will gladly take their contact information so that your lawyer can call them once you have.
Take pictures of any visible injuries you may have.
You must photograph any bruising, cuts, scrapes, or other visible evidence of your injury for proof.
Use extreme caution when posting on social media.
Assume that insurance adjusters, investigators, and lawyers will all see your posts, whether they are private or not. If a lawsuit is required to compel the trucking company’s insurance company to pay, the trucking company’s attorneys will subpoena your social media information and examine what you have posted. They will use photographs of you enjoying a night out with your family or friends, or engaging in other activities that make you appear to be in good health if you are injured.
Before hiring a personal injury lawyer to handle your truck accident case, do your research.
Inquire of the lawyers and express your concerns to them. Do not use a law firm if you are unable to speak with the actual lawyer. You should consult with the lawyer who will be handling your case so that you know who you are dealing with and feel comfortable with them.
Contact the Law Office of Doug Goyen by phone at (972) 599 4100 or through our website contact form. We are confident that after speaking with us and other attorneys, you will feel at ease allowing us to represent you. We fight for our client’s damages for their entire injury claim as well as property damage issues relating to their vehicles.
You need a Plano truck accident lawyer if you have been injured or have a family member who has been injured or killed by a large truck or commercial vehicle. Both the trucking company and the driver will have liability insurance. The insurance company will have a professional injury claims handler as well as lawyers on staff who will review your case and look for any way to avoid paying on it.
The truck company’s insurance company will look for coverage issues like blaming the collision on another company if you contributed to the collision in any way or could have avoided it in any way, and if they believe they can make any type of argument, they will place some or all of the blame on you. To avoid responsibility, they will look for information that will allow them to blame the accident on other drivers or weather conditions. When evaluating your injury, they will look for information that will allow them to claim that your bills are excessive, that you overtreated, that your injury was preexisting, that you are exaggerating your injury or all of the above.
To combat the tactics of trucking companies and their insurance adjusters, you need an experienced attorney who knows how to get you the compensation you deserve. For help defending your rights and fighting for your case, contact the Law Office of Doug Goyen. Please call us at (972) 599 4100.
Nobody, for good reason, wants to be hurt or in pain as a result of someone else’s carelessness. If someone causes harm to another person through negligent behavior, the injured person is entitled to compensation for their injuries and property damage. In a variety of ways, we assist people who have been injured in car accidents. When others cause harm inadvertently, the law allows for compensation. The following are the most common ways in which the Law Office of Doug Goyen assists in auto accident injury cases:
- Collecting money from auto insurers to pay for medical bills incurred as a result of the accident, such as ambulance, emergency room, emergency room doctors, therapists, diagnostics, medication, and any other type of medical billing relating to your injury as a result of the accident.
- Assisting clients who are unsure where to go for medical treatment in locating medical facilities that will treat their injuries.
- Assisting clients who cannot afford medical treatment in locating medical facilities that will treat them and defer billing collections until the insurance company pays for the injury.
- Collecting the money owed for the damage done to our client’s vehicle, as well as compensation for any other out-of-pocket expenses incurred as a result of the damage, such as towing fees, storage fees, and rental car fees.
- Collecting money owed for lost income incurred as a result of time missed from work due to an accident-related injury.
- Obtaining the full settlement value for our client’s pain and suffering, physical impairment, disfigurement, or any other damage caused to our client, so that our client is compensated for their injury.
If you require representation or simply a consultation, please contact us at (972) 599 4100 or via our website contact form. Our consultations for personal injuries resulting from car accidents are completely free. Furthermore, there is no fee unless you win!
Damages to property.
This includes any costs or expenses incurred as a result of the damaged property, such as:
- Property Damage: In an accident case, property damage such as damage to your car, computer, phone, or glasses is recoverable.
- Loss of Use: Rental car bills, or if you used your property or vehicle in your business and lost some of your income while the vehicle was unable to be driven, are included in a car wreck or accident case.
- Storage: You will be charged for the time your vehicle was towed from the scene and stored in a storage yard. In the event of a car accident or a motor vehicle wreck, this is recoverable.
- Total loss of property: If your vehicle was destroyed and cannot be repaired, you are entitled to the vehicle’s pre-accident value.
- Property value reduction: If your vehicle has been repaired but is now worth less money as a result of the accident, you are entitled to compensation for the loss of value of your vehicle.
Injury-Related Damages: The person who negligently caused the injury is liable for the costs, expenses, and injury to the victim. A person who is injured as a result of negligence has the legal right to seek compensation for the following injury-related damages:
- Medical Bills: The sum of all past and future medical bills incurred to treat the injury caused by the negligent conduct.
- Lost Income or Earning Capacity: Past and future lost income refers to the amount of money you actually lost as a result of the injury and will lose in the future. Past and future lost earning capacity refer to the amount of money you could have earned if you had not been injured.
- Loss of Services: If an injured person is unable to perform their normal household duties as a result of the injury, they may be entitled to compensation for loss of services.
- Pain and Suffering: Compensation for past and future pain and suffering caused by the injury is allowed based on a jury’s common sense, knowledge, and sense of justice. In order to settle a claim, the value of pain and suffering is determined by imagining what a jury would think of the value of someone’s pain and suffering.
- Mental Anguish: This is determined by how your physical injury has caused you mental anguish beyond disappointment, resentment, embarrassment, or anger, and how it will continue to do so in the future in order to receive compensation for past and future mental anguish.
- Physical Impairment: You may be entitled to compensation if you have been physically impaired as a result of your injury, as well as for how you will be physically impaired in the future. People are entitled to compensation for both past and future physical impairment caused by the injury, according to the law.
- Disfigurement: Some injuries result in a physical change in a person’s appearance. The person injured as a result of negligence has the right to recover for both past and future disfigurement, i.e., how the injury physically disfigured you in the past and how it will disfigure you in the future.
- Loss of a body member or mental function: If you have lost an arm, leg, or mental function or capacity as a result of the accident or injury, you may be able to recover damages for the resulting harm.
- Loss of consortium: If the injury was severe enough that you no longer enjoyed the companionship of your family members, you are entitled to compensation for how this has harmed your family relationships.
Many of the same factors that contribute to car accidents can also contribute to large truck collisions, such as:
1. Failure to yield the right-of-way; 2. tailgating or exceedingly fast driving; 3. Distracted driving, such as texting and driving; 4. Risky driving or road rage; 5. Driving under the influence of alcohol; and 6. Dumping trash on the road.
There are additional factors that are common in truck accident cases due to the size of commercial trucks.
One of the leading causes of truck accident injuries and fatalities is failure to maintain equipment, which results in brake failure and tire blowouts. Before each trip, truck drivers and their companies are required to maintain and inspect their vehicles. Aside from truck maintenance, the truck driver must ensure that his truck is not overloaded. At highway checkpoints, truckers are required to have their vehicles weighed. When a truck is overloaded, its equipment, such as its brakes, is more likely to fail or to fail to respond in time to avoid a collision.
Driving at an excessively high speed for the circumstances.
Truck drivers who fail to drive at the appropriate speed in certain weather conditions also contribute to an increase in the number of collisions that result in injuries and deaths. Fog, rain, or snow reduce visibility and make roads more slippery. Truck drivers must slow down to a safe speed that allows them to maintain control of their vehicles. Drivers must maintain more space between themselves and other vehicles on the road due to the size and weight of a large commercial vehicle. On wet or icy roads, this is exacerbated.
Exhaustion of the driver.
Driver fatigue can be caused by a lack of sleep, driving for an extended period of time, certain medications, or alcohol consumption. To reduce driver fatigue, truck drivers and their employers are required to keep meticulous records of their driving hours. Failure to do so, or falsifying the figures, can have disastrous consequences.
Distracted truck drivers cause collisions that result in injury or death.
Trucks frequently have an onboard computer system that is used to track routes and communicate with dispatchers, which can cause the driver to become distracted long enough to cause an accident. Truck drivers, like the rest of society, have cell phones and can become distracted by them. They, like any other driver, are susceptible to distraction for a variety of reasons.
There are some blind spots.
When driving, truck drivers have large blind spots, necessitating extra caution when turning or changing lanes. A good truck driver will not need to change lanes or turn abruptly to avoid missing a turn. Poor truck drivers will have been paying attention and will realize at the last second that they will miss their turn and will change lanes abruptly, potentially resulting in a collision.
Aside from the aforementioned causes of truck accidents, there are regulations and laws that truck drivers and trucking companies occasionally violate. The section that follows discusses Texas statutes that are meant to keep the roads safe but are frequently broken, resulting in truck accidents.
Regulations are in place to make truck drivers and trucking companies safer. In terms of adhering to these regulations, some trucking companies outperform others. Some trucking companies simply do not follow the rules. Those who violate these regulations are more likely to be involved in a truck accident. Safety fitness ratings and hours of service are important factors to consider when attempting to determine why the truck accident occurred and how the trucking company may have contributed to the collision.
The Federal Motor Carrier Safety Administration’s (FMCSA) Regulations in 49 CFR govern trucking companies and drivers. The Texas Department of Public Safety governs trucking under Title 37, Part 1, Chapter 4, Subchapter B, Rule 4.11 – where they have adopted the majority of the Federal Standards under 49 CFR (with a few exceptions).Ratings for safety and fitness are required for Truck Drivers:
Drivers must be qualified. Medical exams must be done according to sections 391.41 and 391.43. Road tests must be passed pursuant to sections 391.31, 391.33, and 391.13. Training must be done with drivers that have less than one year of experience regarding hours of service, qualifications, and wellness under sections 380.502 and 380.503.
FMCSA 49 section 385.1 there are procedures to determine the safety fitness of trucking companies, assign safety ratings, and direct motor carriers (trucking companies) to correct problems if they get an “unsatisfactory” rating. Trucking companies must maintain commercial driver license standards, financial responsibility (insurance), use qualified drivers, use their motor vehicles properly, keep their vehicles in a safe condition, keep accident registers and copies of accident reports, avoid using fatigued drivers, inspect, repair, and maintain their vehicles, and follow regulations in transporting goods. Trucking companies that violate these rules on a regular basis may receive a conditional or unsatisfactory rating. Unsatisfactory ratings will result in the trucking company’s inability to operate.
The trucking company is required to keep a driver qualification file according to section 391.51, including the driver’s application, past employer inquiries and responses, motor vehicle record (MVR), road test, the driver’s CDL, and any moving violations or accidents, and the medical examiner certificate.Hours of Service Rules in Trucking Cases
According to FMCSA 49 section 395.3, a driver carrying property cannot drive more than 11 hours after 10 consecutive off-duty hours; cannot drive after being on duty for 14 hours after 10 consecutive off-duty hours (with some exceptions); and cannot drive more than 60 hours in any 7-day period, or no more than 70 hours in 8 days if they do not operate 7 days a week. To restart the calculation, there must be 34 consecutive hours off-duty.
Section 395.5 of FMCSA 49 applies to passenger-carrying motor carriers. They are not permitted to drive for more than 10 hours after 8 consecutive off-duty hours; they are not permitted to drive for more than 15 hours after 8 consecutive off-duty hours; they are not permitted to drive for more than 60 hours in any 7 days, or for more than 70 hours in any 8 days if the motor carrier operates every day. And the calculation must be restarted if there are 34 or more consecutive hours off duty.
Section 395.8 requires drivers to keep logs of their hours of service.
If you or someone you know needs the assistance of a Plano auto accident attorney call (972) 599 4100 for a free consultation and a free strategy session regarding your case. The strategy session includes a summary of your case, identification of the legal issues involved with your case, and identifying those legal issues that will help maximize your recovery in your case. We will email a copy of this strategy session to you for you to keep. Call us today.What Does a Lawyer Charge for a Personal Injury Case in a Truck Accident?
There is no fee if we do not win! You are not required to pay anything upfront. On a contingency basis, we charge a fee. This is a percentage of the amount recovered in your personal injury or wrongful death case. In this case, this aligns our interests with your interests. We are paid according to how well we perform for you. We have worked for nothing if we are unable to recover. We take a percentage of whatever we are able to recover at the conclusion of the case. We never settle a case without first getting your permission.
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