Proving Liability in an Unsecured Truck Wreck
To recover financial compensation for injuries or death caused by unsecured cargo, you must prove that the wrongdoer caused the accident. This is done by gathering evidence that establishes the wrongdoer as the responsible party.
- Dashcam footage
- Law enforcement reports and investigation material
- Witness statements and photographs
- Surveillance footage
- Independent investigation reports
- Expert witness testimony
- Records from the truck driver and his employer
Proving liability becomes more complicated when more than one party is involved, which is often the case in unsecured cargo truck accident cases. Multiple parties may be legally liable when unsecured freight causes a crash. For example, if a company fails to train its driver to fasten the cargo properly, the company could be liable. Additionally, shipping companies could be responsible if their employees prepared the truck for shipment. While the driver is responsible for periodically checking the cargo to ensure it is secured, the party who initially loaded the cargo might face liability even when a wreck occurs during transport.
When you make a claim to recover compensation for your injuries, you can be sure that the insurance companies representing the wrongdoers will attempt to shift blame onto the other parties involved—likely attempting to blame you for the accident. However, with the help of trained truck accident attorneys, you can have confidence that your rights will be protected and that the wrongdoers will be held accountable for their actions.
Recovering Compensation for Your Injuries
Victims of truck accidents in Texas can seek legal damages for all personal injuries and damages caused by the wrongdoer. Legal damages fall into two categories: economic and non-economic.
Economic damages are awarded for the financial and monetary losses associated with a truck accident. Ideally, these damages are designed to put the injured party in the financial position they were in before the accident. Examples of economic damages include:
- Medical expenses
- Ongoing medical treatment and future medical expenses
- Lost income and reduced earning capacity
- Property damage
Non-economic damages are awarded to compensate the injured for distress, suffering, and changes to life that don’t have a set financial value. Examples include:
- Pain and suffering
- Mental anguish
- Depression and anxiety
- Post-traumatic stress disorder (PTSD)
- Reduced quality of life
- Loss of consortium
A person found to be partially at fault for an accident still has a right to recover compensation. Under the Texas-modified comparative negligence standard, a person can sue for damages even if the person is partially at fault for the crash. If you are less than 50% at fault for the crash, you can recover damages.
How Can a Truck Accident Attorney Help Me?
At The Ammons Law Firm, we can help you seek fair and just compensation for your damages if you or a loved one were involved in a commercial vehicle collision. We know how to identify signs that a truck was overloaded or that cargo was not properly secured, including investigating whether the truck driver lost control while going up or down an incline, if the truck jackknifed because of overloading, or if shifting weight caused the truck to roll over.
Our skilled legal team will:
- Conduct an independent investigation into the accident using experts in the field
- Help you work with reputable doctors
- Communicate with the insurance company and/or their lawyers on your behalf
- Use our team of experts to negotiate a fair settlement
- Litigate your case and present it to a jury should the insurance company try to cheat you out of justice
Work With Our Truck Accident Law Firm
Our team of trucking lawyers at The Ammons Law Firm has successfully helped injured clients for over 30 years. We have the skills, expertise, and training required to see that truck drivers and trucking companies are held liable for their negligence and that our clients receive the compensation to which they are entitled by law. At The Ammons Law Firm, our successful prosecution of corporate negligence and wrongdoing has resulted in a financial recovery of over $1 billion for our injured clients. Our success is largely a result of our work ethic and dedication. We are here to help you receive the compensation you deserve.
Our overloaded or unsecured cargo truck accident lawyers are prepared to fight for you. Contact us to learn how we can help you recover compensation after a truck crash.