Experience is Important in a Truck Accident Case

There are many law firms in Texas who will gladly take your truck accident case. However, very few of these firms can honestly say that they have experience in handling 18 wheeler and other commercial vehicle accident cases.

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The experienced Wichita Falls truck accident attorneys of Grossman Law Offices have been practicing truck accident litigation for over two decades. We have won hundreds of these cases.

Commercial vehicles come in many shapes and sizes. Our firm has successfully litigated personal injury and/or wrongful death claims against all manner of construction vehicles, buses, rock haulers, moving vans, dump trucks, and numerous other types and configurations of commercial vehicles. Despite the variety of commercial vehicles involved, these types of cases often have a few denominators in common, such as:

• These vehicles are generally larger and can inflict more harm than do passenger cars.
• These vehicles are governed by different laws than are passenger vehicles.
• Lastly, and most importantly, these vehicles are owned by valuable corporate entities that will assuredly mount an aggressive defense aimed at denying plaintiffs the fair compensation they are due.

The Wichita Falls attorneys at Grossman Law Offices believe in fighting fire with fire. You must select the law firm that has the experience, resources, reputation, and knowledge to beat the opposition at trial or to force them into a fair settlement in order for your commercial vehicle accident case to have the best chance of success. Otherwise, rest assured your opposition will exert great expense and effort in order to avoid paying you the just and fair compensation which you deserve.

When you choose Grossman Law Offices to represent you in your commercial vehicle accident case, you are gaining the advantage of over 20 years of valuable experience from attorneys who have hundreds of truck accident victories – as well as thousands of successful personal injury cases altogether – on record.

Helpful Links

• Notable truck accident cases that our firm was hired to pursue.
• Recent truck accident case recoveries.
• Learn about our attorneys.

In the article below, you will find a wealth of information explaining the case flow process of a commercial vehicle accident case, and identifying some of the major obstacles to a successful recovery.

Wichita Falls Truck Accident Lawyer

If You Need a Wichita Falls Accident Attorney, Call the Attorneys at Grossman Law Offices P.C.

Many law firms may take your truck accident case, but few have the experience needed to successfully handle a commercial vehicle truck wreck.

On the other hand, Grossman Law Offices have over twenty years' experience dealing with the legal process of truck accidents and have literally won hundreds of cases.

Many types of commercial vehicles exist. Eighteen wheelers, rock trucks, dump trucks, different types of construction trucks, vans, buses, tankers and a variety of others travel our roads every day. And Grossman Law Offices and our Wichita Falls truck accident attorneys have successfully litigated every one of these. But in spite of the wide variety of trucks there are, the actual cases come down to a few basic elements:

• Commercial trucks are typically more massive and cause more harm than cars.
• The laws concerning commercial trucks are different from laws concerning cars.
• And most importantly, the owners of these commercial trucks many times are owned by solvent companies that will aggressively defend themselves in court against giving you just reparation for your injuries.

So for your truck accident case to have its best chance at being successfully litigated and getting you the compensation that is fair, you really need an experienced Wichita Falls truck accident lawyer. You need a law firm that has the knowledge, resources, and reputation to win your case at trial or to successfully negotiate a fair out-of-court settlement.

Grossman Law Offices will represent you and your best interests against the truck company and expensive insurance attorneys that only want you to settle for less. With over twenty years of proven success, we have won literally hundreds of commercial vehicle accident cases and thousands of personal injury accident cases.

The following paragraphs will help you to understand the legal process involved in commercial vehicle accident litigation and the major obstacles that need to be overcome in order to secure a victory in regards to your settlement.

Eighteen Wheeler Cases: How It Works

Most accidents are an unpleasant experience, but few can be as devastating as a wreck with an eighteen-wheeler. These giant trucks can weigh as much as 40 tons and can wreak terrible damage upon whomever they hit. Often truck drivers are paid hourly and tend to work long hours continuously and may not have had sufficient breaks or rest. Some drivers even resort to using drugs to stay awake for extended periods of time because of the pressure to deliver their goods and services on time and with bonuses for early deliveries. With these conditions, drivers sometimes have lapses in concentration or even dose off at the wheel often ending in tragedy.

For over twenty years, the Wichita Falls truck accident lawyers at Grossman Law Office have successfully litigated literally hundreds of accident cases involving eighteen-wheelers. We realize that the victims of these accidents often have many questions regarding their medical bills and potential lawsuits. But the most important thing is to set up a free consultation with us so we can evaluate your particular situation and get the medical attention you need immediately. You will need treatment for your injuries and documentation as well, and we can assist in making sure it is done correctly. If you do not have insurance, that's ok. We can help you find a medical doctor experienced in accidents such as these and can arrange a payment plan that meets your needs. Often these doctors will take no out of pocket expenses, knowing that you will get reimbursed for your medical bills.

After you have been treated for your injuries by a qualified medical professional, you must turn your attention to the legal aspects of your accident. The party or parties that have hurt you have no legal obligation to reimburse you for anything. They only have to pay you if compelled by legal action of some sort, whether out-of-court through the pressure of your attorney, or whether in court through the judgment of the jurors and the court. You, the plaintiff, have the legal burden to prove that you have had damages and to ascribe a reasonable cost to those damages. Your best bet is to secure a competent, experienced, savvy Wichita Falls truck accident attorney to represent you in your case. We want to talk with you so we can make you aware of your legal options. At Grossman Law Office, we feel we give you the best chance at getting the justice and compensation you deserve.

Let's take a look at the elements of eighteen-wheeler accident law:

• Reasons you can file a lawsuit.
• Most common causes of truck accidents and who is liable.
• Immediate investigation of the accident scene and why it is important.
• Obstacles to making a valid case: duty, breach, causation, and damages.
• The huge insurance policies of trucks.
• The difficulty with the self-insured truck company.
• The dishonest truck driver.
• How a qualified Wichita Falls truck accident lawyer can help.

** The information contained in this editorial is intended only to inform you, and should not be used in place of true legal representation by a licensed, qualified attorney. To be truly informed of your options you have legally concerning the specific nature of your own case, please call us for a free consultation at 1-855-339-9377.

Reasons You Can File a Lawsuit

Many people who have an accident with an eighteen-wheeler feel that seeking an attorney to represent them is like hiring a greedy, unscrupulous ambulance chaser to extract as much money out of the system as they can. Even though they may need compensation for their injuries, pain and suffering, these people feel that they want to do the right thing by letting the insurance company have the opportunity to at least make a fair settlement offer. The injured party may feel that justice gained by cut-throat "unjust" means is not justice at all.

However it is important to realize something. Most truck companies that have accidents involving negligence on their part, have been down that road before. In most cases where our clients have received compensation for their accident, the trucking company, individual, or both have had a history of trouble beforehand. This is not their first rodeo, as the saying goes. In these cases it would not be justice at all to let these companies go on without any legal consequences whatsoever. Most people will not do the right thing without being coerced externally by someone else. Many of these irresponsible companies and individuals will go on to injury or even kill someone else unless you do something about it by getting their attention. And the best way to get their attention is to hit their pocketbook and their reputation.

Suing a negligent commercial vehicle company does two basic things. One, it compensates the individual harmed by the accident for their injuries, pain and suffering. Two, it punishes those companies whose negligent behavior is a nuisance and a danger to the public at large.

When you are injured in an accident caused by a commercial truck, there are expenses which can be great. Although no amount of money can erase your memory of the accident or make up for the emotional distress you may have encountered, none-the-less, fair compensation can at least represent an attempt by the defendant to do the right thing.

Which brings us to the next point- most companies will not do the right thing without some sort of coercion. And if they are hurt financially by a settlement, they are much less likely to be careless in the future. They need to be made an example of what not to be as a company, so that they will not be as careless in the future when operating their affairs.

So do the right thing and call Grossman Law Office today. We can make sure that you have the best chance of getting justice and compensation for your injuries. Call us at 1-855-339-9377 and let us go to work for you.

Most Common Causes of Truck Accidents and Who Is Liable

The primary thing to establish when filling suit against a company or individual for your injuries is to find out what exactly happened, and who is responsible legally. This can offer its own set of problems since there are many potential causes of the accident and many different people who could have been involved in those causes. Many parties could have been involved in carrying a legal responsibility in your potential lawsuit: the trucker, the company that owned the truck, the manufacturer of the truck, the party involved in planning the route of the truck, the company that loaded the truck, or other third parties.

Let's take a look at some of these.

The Trucker

Many truckers drive long hours on our roads and highways, and in most cases if an accident occurs while they are driving, they are at least partly if not entirely liable for the injuries incurred. These big rig drivers can become negligent in their behavior if they exhibit certain irresponsible behaviors which include driving under the influence of alcohol or drugs, driving over the speed limit, running stop signs, erratic driving, and breaking other traffic rules. In other circumstances the driver may have extreme fatigue and fall asleep at the wheel or lose concentration. Federal law requires truckers to take rest breaks, but many drivers just don't heed their warnings. Instead they are motivated by company imposed time restraints to meet strict time guidelines. Certain studies have demonstrated that after eight hours of continuous driving, the chances of a wreck double. Alarmingly one in five admit to falling asleep at the wheel at least once within the last month of driving. It doesn't matter if the accident was on purpose or not, either. If a driver is found negligent in an accident in which you were injured, you can file a lawsuit.

The Company that Owned the Truck

The company that owns the truck and is the employer of the truck driver may also hold some responsibility in the truck accident. This legal concept is known as "respondeat superior" which is Latin for "let the master respond." In lay terms this means that inherent in the relationship of an employer to his employee, the company has at least some control over what his employees do, and therefore should be responsible, at least in part, for his employees' actions. Such cases where the truck driver was known to have a history of DUI driving, and has a wreck, the company can be held liable for allowing such a driver to continue operating a commercial truck while employed with the company.

Additionally, many times the truck company itself does not have to show direct negligence in order to sue them. The fact that their own employee was the driver is enough to show liability. Furthermore, the company may be more solvent, or have the ability to pay, than the individual who may not have as many financial resources. Therefore most times the lawsuit is brought directly on the company because they can pay the damages in the case that a claim is awarded to the injured party.

The Manufacturer of the Truck

A commercial truck is made of literally thousands of parts which all are intended to make the vehicle operate efficiently and safely. However sometimes parts fail, or worse have a poor design that contributes to an accident. In cases like this, the manufacturer may be found liable for damages to person(s) injured in an accident from a truck with their parts or design. People injured because of these reasons have a right to file a suit and can seek compensation for their damages.

The Party Involved in Planning the Route of the Truck

When planning trucking routes, there are many things to consider besides the simple directions. Road weight limits, bridge heights, construction zones, to name a few of the issues that face trucking companies when designating the proper routes. If the condition of an unsafe route is part of the reason why the accident occurred, then a suite may be brought against the company the planned that route.

The Company That Loaded the Truck

Sometimes the trucking company will hire a third party company to load their trucks with their cargo. Federal regulations have weight limits on these vehicles for safety reasons; however some companies ignore this so they can ship more cargo at once in order to save some money. This overloading can cause top heavy trucks that are more likely to turn over while delivering their shipment. This can result in accidents for the truck and others on the road.

In addition, sometimes the freight is not secured properly which can cause it to come loose during travel. Severe shifts of the cargo in the trailer can result, which then can cause it to turn over. The freight can also fall off the backs of certain types of trucks like flatbeds and cause accidents for cars traveling on the road.

Other Drivers Instead of the Truck

There are times when the accident was not the fault of the truck driver, the truck equipment, its cargo or the company at all. Sometimes other careless drivers around the truck can cause the truck to have a wreck and impact other drivers in turn.

Because of the potential complexity of accidents, it is necessary for a proper investigation to take place. The defense will have its investigators, so should you. At Grossman Law Offices, we will do the interviews and the research in order to uncover the truth in your case so we can find out what really happened. Then we can file the proper suit that will produce the best compensation for your injuries.

Immediate Investigation of the Accident Scene and Why It Is Important

As soon as an accident occurs evidence starts to change and disappear. The weather, the traffic and people move things around and change the accident scene. Eye witnesses' memories start to fade. With each passing hour, the evidence that you need to prove your case, fades away. That is why you need to have a proper investigation to get all the facts straight. In the event that you have been injured, you will need to have someone figure out who contributed to the wreck, what part they played, how it happened, and which party is the most solvent to sue.

In addition to these factors, most of the time the Wichita Falls trucking company already has done their investigation as soon as the trucker reports the accident to them. Of course they are not are concerned with the accuracy of the report as they are in making the accident favor their driver. Many unscrupulous companies may even tamper with the evidence at the scene to skew the potential jurors' view of the case. For this reason it is very important to talk with an attorney that has experience in doing the complex and thorough investigations necessary to win your case. Time is of the essence and you need to hire someone as soon as possible.

Our Wichita Falls truck accident attorneys at Grossman Law Offices will rush to the scene of the accident as soon as you hire them. They do not waste any precious time letting the evidence deteriorate because we understand just how important it can be to your case.

An example of how important a prompt investigation can be is shown in this real life true story that follows. We had a client of ours hire us the night after he had an accident with an eighteen-wheeler. The trucking company in this case claimed that our client was hit because he had no headlights even though, according to our client, he did have headlights. By the time we got to the accident scene, the car had been taken to the salvage yard. We quickly went to the wrecking yard and discovered that the headlights appeared to have been completely removed from the car. As luck would have it, we were able to get the security video just before it was erased after its 48 hour cycle. And to our amazement, we witnessed a man, who was later identified as a trucking company representative, removing the headlights and leaving with them. Later when the trucking company attempted to claim our client had no headlights at the time of the accident, we had the proof in our hands that revealed their bald-faced lie. This evidence helped our client to get the compensation he deserved. If we had waited any longer, the evidence needed to secure a winning outcome, would have been lost forever.

The Wichita Falls truck accident lawyers at Grossman Law Offices frequently see lies and deception in the course of our investigations. We are qualified to do the investigations necessary to uncover the truth and help you to get the justice and compensation you deserve. Don't hesitate, call us today.

Obstacles to Making a Valid Case: Duty, Breach, Causation, and Damages

Just because you have filled out your own insurance accident claim on a typical car mishap, does not mean you can successfully litigate your own case in a commercial truck accident. Insurance policies on commercial trucks can be worth more than fifty times the amount of a typical car insurance policy. Because of this and other factors, litigating commercial truck accidents is much more complex and hard to understand. People who think they will actually save themselves money by representing themselves, usually just end up costing themselves more money in the end.

When it comes to filing a valid case, there are four basic elements that have to be addressed, duty, breach, causation, and damages. Let's examine them briefly.

The Burden of Proof is on You

In an injury accident lawsuit, the burden of proving the validity of your case lies on you, the plaintiff. The law does not require the defendant to award you anything. Only after you have met the four basic elements of a valid suit, will you be able to compel the defense to either settle out of court or go to court for a decision.

Duty

Duty is the legal concept that states that people have a legal duty not to harm others. In other words, there is a reasonable expectation that people will be safe from harm when interacting with each other. The law establishes what the legal duty of care is in any number of specific situations and for each party involved in that situation. In regards to truck accidents, it is fairly easy to identify what that duty is for the driver: to drive in such a way as to provide reasonable safety for others on or near the road.

Breach

Next you have to prove that the duty of care that is legally expected in a given situation has been breached. This is either done by someone actively doing something that a reasonable person would not do that causes harm, or by not doing something that a reasonable person would do to prevent some harm. Either way, the legal concept of duty has to be proven and you need an experienced Wichita Falls truck accident lawyer to help you prove breach.

Causation

Not only do you have to prove that a breach of duty occurred, but that the individual's actions were the cause of your injury. Because there may be multiple reasons and different people involved in an accident, it may be difficult to convince a jury of the causal link between the defendant and the accident. The defendant of course will try and shift the blame to you or someone else. Therefore it takes solid evidence to prove that causation exists and that is why it is important to have a good lawyer working for you.

Damages

In the event you prove the first three, duty, breach, and causation, you then have to prove what the person owes you monetarily. You cannot just ask the court to award you a set amount of money because it just "feels right." No you have to prove it. Specific damages such as lost wages and medical bills are easier to prove because they inherently have a dollar amount assigned to them. However general damages are harder with which to designate a specific dollar amount. General damages are things like pain and suffering and mental anguish. They are subjective by nature and are more difficult to negotiate.

In either case, the defendant will of course scream that you are asking for an unfair amount or just trying to extort him. He will try and bring evidence that suggests he owes much less than you have suggested. In order to prove that you deserve the money you are asking for, you have to bring sound evidence to the table. This of course involves obtaining a qualified Wichita Falls truck accident attorney.

When calculating things such as pain and suffering, this is very subjective and can be extremely difficult to negotiate. You only have one chance in a court of law to get this number right. Otherwise you might lose out on a lot of money, time and energy. To avoid losing this battle, you should definitely contact the Wichita Falls truck accident attorneys at Grossman Law Offices. We have over twenty years' experience in dealing with injury accident lawsuits. Contact us today for your free consultation.

If you fail to establish any of these four elements in making a valid case, it will guarantee that you will not get the compensation you deserve or are seeking. You need a qualified attorney to help you with your case. Please let us help you devise an effective legal strategy for you so you can obtain the justice and money you need.

The Huge Insurance Policies of Trucks

Because of Federal regulations, trucking companies are required to have very large insurance policies that can cover them in case of an accident. Since the injuries, damage and compensation are so much greater when dealing with trucking accidents, the insurance policies are enormous. Standard commercial truck policies on average are fifty times bigger than the average automobile policy. That being the case, the trucking companies and their insurers will spend much more money to keep from parting with a large settlement to the person in an accident with their truck.

Because the stakes are high, the insurance companies assign their best and their brightest to handle settlement claims. While you are likely to be new in dealing with insurance claims, these insurance adjusters are the best in their business and deal with claims like yours everyday. These experts use your emotions and you tendency to trust your local insurance company to work against you. They act like they are very interested in helping you, while at the same time asking certain types of questions to try and get you to admit to liability in your accident. You should never talk to the insurance company without first consulting an attorney. There is too much to lose if you slip up and say something to them that might give them reason to deny your claim. If you hire Grossman Law Offices to represent you, we will talk with the insurance companies ourselves to protect you from any danger of admitting liability.

In addition, the insurance companies that represent the defendant may try and give you a cash settlement for your injuries. However, keep in mind that if you take the offer, you will sign a paper that releases them from future liability in court. The offer they make is always a low figure compared to what the suit is really worth. Furthermore, the insurance company may try all sorts of legal loop holes and maneuvering to get out of paying you the damages you are seeking. Without an experienced law attorney, you will run the risk of losing the compensation that you are seeking. Please contact Grossman Law Offices as soon as possible in order to secure your position legally and get adequate representation.

The Difficulty With the Self-Insured Truck Company

Some trucking companies are large enough that they choose not to buy insurance from a third party and opt instead to be self-insured. While insurance companies have to follow Federal guidelines and adhere to ethical standards, the self-insured company does not have those constraints, and consequently may be difficult with which to negotiate. When you discuss your claim with a self-insured agency, you have to deal with an officer of the company. This officer is often involved in the profit sharing of the company and has a big incentive to deny your claim. Because they have their own money on the line, and are operating outside the limitation of traditional insurance, they may be even more unscrupulous when dealing with you and resort to bullying witnesses and tampering with evidence.

If a self-insured company has tried to bully or manipulate you, you can stop this immediately by getting your free consultation with a Wichita Falls truck accident attorney, like Grossman Law Offices.

The Dishonest Truck Driver

While people may be likely to tell the truth under optimal conditions, when their job and reputation is on the line, they may resort to lying to cover their tracks. If a truck driver has been responsible for an accident, they have a huge incentive to lie about it. Moreover, he will not find another job easily with such a mark on his driving record and reputation. Because he wants to make a living to support himself and his family, he will have a tendency to protect himself and be dishonest about what really happened.

At Grossman Law Offices we have learned to investigate accidents in such a way as to uncover the truth and bring light to the lies that may be being told by the truck driver. With our over twenty years of experience, we stand ready to help you deal with the dishonesty that is inherent in accident cases. Let us help you today.

How a Qualified Wichita Falls Truck Accident Lawyer Can Help

If you are a loved one has been injured or died as the result of an accident with a truck driver, then you should hire a qualified Wichita Falls truck accident attorney to represent your best interests. From the very start, we will handle every part of your case and you can rest assured knowing your case is in capable hands. Here are some of the services we will offer you:

• We will investigate the accident to establish the cause.
• We will identify the liable parties and file lawsuits against them.
• We will find the evidence to prove your case.
• We will use our reputation to gain a favorable advantage against the defense.
• We will be your spokesperson so you don't have to deal with the defense.
• We will uncover any deception on the part of the defense.
• We will present a compelling case to convince the jury of the merits of your case.
• We will act in such a manner as to keep the self-insured companies within ethical bounds.
• We will see to it that our clients get the medical attention they need.

Chances are that the defense has already done an investigation, prepared their strategy, and are ready and waiting to deny your claim. The more you delay in hiring an attorney, the worse you are making your case. Call Grossman Law Offices toll free at 1-855-339-9377 and set up your free consultation today.