Top-Rated Dallas Truck Accident Lawyers Who Win Maximum Compensation
If you or a loved one suffered injuries in a truck accident, you need the best lawyer you can find to fight for your rights, seek justice on your behalf, and help you secure the maximum compensation available. At Mullen & Mullen Law Firm in Dallas, we understand the physical, emotional, and financial toll these collisions can have on individuals and their families. That’s why we are here to provide unparalleled legal representation and guide you through every step of the legal process.
Experience and Expertise
Our top-rated Dallas attorneys won a Texas “Top 10” truck accident settlement in 2021, according to TopVerdict.com. As a matter of fact, we represented 19 of Texas’s “Top 50” personal injury settlements in 2021, and no other law firm even came close to making the list as many times as we did. One of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list, and several were for commercial vehicle accidents. That’s why we can say with 100% confidence that we’ll get you maximum compensation available.
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Mullen & Mullen’s experienced lawyers bring extensive expertise to the table in Dallas truck accident cases. With a deep understanding of trucking laws, regulations, and industry practices, our team has successfully handled numerous claims, consistently achieving favorable outcomes for our clients. Our legal team is well-versed in the complexities of these claims, including investigating the accident, identifying liable parties, gathering evidence, and building a strong case.
Dallas Truck Accident Claims We Represented that Made the TX “Top 50” Highest Settlements List in 2020 & 2021
- $1,300,000; Motorist v. Commercial Driver
- $1,000,000; Motorist v. Inattentive Commercial Driver
- $1,000,000; 18-Wheeler Driver v. Commercial Motorist
- $996,292; Auto Driver v. Commercial Truck Driver
- $978,569.77; Auto Driver v. Commercial Driver
- $968,844; Motorist v. Truck Driver
- $960,576.60; Commercial Driver v. Commercial Driver
- $954,543.87; Commercial Driver v. Commercial Driver
- $845,000; Motorist v. Commercial Truck Driver
- $663,354.69; Passenger in a Vehicle v. 18-Wheeler Driver
- $600,000; Injured Driver v. Commercial Driver
- $550,000; Motorist v. Tow Truck Driver
- $542,350; Commercial Driver v. Negligent Motorist
- $500,000; Injured Driver v. Commercial Driver
- $425,000; Motorist v. Semi-Trailer Truck Driver
- $350,000; Motorist v. 18-Wheeler Driver
- $348,055; Professional Driver v. Negligent Motorist
- $325,000; Commercial Driver v. Premises Owner
Pay No Medical Bills Until Your Claim is Settled
Hurt in a wreck by a careless 18-wheeler driver in Dallas? Thanks to their negligent driving, you now have a set of stressful problems you didn’t before:
Medical Bills Piling Up
Because of their large size, semi-trucks often cause devastating injuries, and even death. That more than likely means you have a heap of medical bills accumulating as you read this. Fortunately, we can connect you with medical professionals and institutions willing to delay payment until after you win your claim. That means you pay nothing out of your pocket. All you must do is become our client.
Dealing with Your Existing Medical Bills
Worried about how you’ll pay off the medical bills you currently have? Don’t sweat it. We will help you make those go away too. And that even includes if you feel broke and like you don’t have the money.
Making the Insurer and Trucking Company Pay
Believe it or not, Texas law makes this your responsibility. And you can guess how the trucking company and their insurer feel about paying. Fortunately, you have our 95+ years of combined experience on your side. Some of that even came from working for the insurance companies. We frequently know their next move before they even make it. This also means we’ve been around long enough such that just the sight of our name changes how negotiations go. You will get fair compensation. And we’ll do everything we can to win you max compensation.
Paying Your Bills While You Wait for Your Claim to Resolve
The legal system doesn’t account for this. But we have a solution for you. Have you heard of “law loan” companies? They loan you 5-10% of your claim’s potential final settlement value. You do have to pay interest. And some law loan companies charge high interest. But we have relationships with ones who charge reasonable interest. Once you become our client, you can have these funds in your pocket in just a few days. We simply report to the law loan company the total amount we think you will win. And then they advance you 5-10% of that amount. It’s an excellent solution if you have no other financial resources available.
Using Texas Law to Your Maximum Advantage
It’s up to you to prove your claim. Fail to prove it, and you don’t win any compensation for your injuries or financial damages. So, nearly everyone hires a lawyer to represent them in the event of a truck accident. The compensation you win depends highly on your lawyer’s experience and personal commitment to winning you maximum compensation. Recall that we have more than 95 years of combined experience to use on your behalf. And remember that because we’re a small firm, we focus on fewer cases. That means yours gets the time and attention it needs to have the best opportunity to win max compensation.
Keeping Your Mind in Check
Make no mistake about it, a commercial truck accident is highly stressful at best, and completely turns your world upside down at worst. In any case, it taxes your mind a lot, and possibly to the extreme. That’s why we recover compensation for you to see a counselor (if you think you need it). And we also have personal relationships with excellent ones who can help you work through any of the post traumatic stress issues your injury case presents.
Comprehensive Legal Support
Mullen & Mullen Law Firm in Dallas is committed to providing comprehensive legal support to our clients throughout the entire process. From the initial consultation to the resolution of your truck accident case, we will be by your side, offering guidance, support, and aggressive representation. Our lawyers will take the time to understand the specifics of your case, assess the damages you have suffered, and develop a personalized strategy tailored to your unique needs.
Investigation and Evidence Collection
Investigating a commercial truck accident requires specialized knowledge and resources. Our skilled team will thoroughly investigate the accident scene, analyze police reports, interview witnesses, and consult with accident reconstruction experts, if necessary, to establish liability. Mullen & Mullen Law Firm will gather crucial evidence, such as logbooks, maintenance records, black box data, and any other relevant documentation to build a strong case on your behalf.
Liable Parties Identification
Commercial truck accidents often involve multiple parties, each potentially liable for the damages caused. Our experienced lawyers will diligently assess the circumstances surrounding your case to identify all responsible parties. This may include the truck driver, trucking company, vehicle manufacturers, maintenance providers, and others. Holding all liable parties accountable is crucial in ensuring you receive the full compensation you deserve.
Aggressive Negotiation and Litigation
Mullen & Mullen will aggressively negotiate with insurance companies and opposing counsel to seek a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages resulting from the truck accident. If a fair settlement cannot be reached, our top-rated lawyers are prepared to take your case to court and fight tirelessly on your behalf. Mullen & Mullen Law Firm has a proven track record of success in the courtroom and will leverage our expertise to present a compelling case before a judge and jury.
Client-Centered Approach
At our Dallas law firm, you are more than just a case number. We understand the physical, emotional, and financial hardships you may be facing in the aftermath of a commercial truck accident. That’s why we prioritize open and honest communication with our clients, keeping you informed about the progress of your case and addressing any concerns or questions you may have along the way. Mullen & Mullen Law Firm is dedicated to providing compassionate support and personalized attention, always placing your best interests at the forefront of our legal strategy.
Schedule a Free Consultation
If you or a loved one has been injured in a truck accident in Dallas, do not delay seeking legal representation. Contact our top-rated lawyers today to schedule a consultation. We offer a free, no-obligation case evaluation where we can discuss the details of your case, answer your questions, and outline the best course of action to pursue. Remember, there may be time limitations on filing a claim, so it is essential to act promptly to protect your rights and seek the justice and compensation you deserve.
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Why Choose Mullen & Mullen?
You simply can’t find the same overall value with other Dallas law firms. You can only get this value with Mullen & Mullen Law Firm:
- 40 years in business, and a combined 95+ years of experience winning commercial truck accident claims with circumstances like yours.
- Direct access by phone to your lawyer.
- Thousands of dollars in your pocket because we charge just a 29% case fee (most firms charge 33.3%) when your claim settles out of court (90% do).
- Put even thousands more in your pocket thanks to our in-house private investigator. Most firms contract these services out, which costs a lot more.
- Connections to top medical professionals and institutions who won’t charge you anything until after you win your claim. They get you back to normal as fast as medically possible and treat you like a human being (not just another number).
- Connections to every other possible service you could need during this stressful time (auto repair, financial services, counseling and more).
- Kind and caring lawyers who are genuinely nice to talk to in person. We save the prickliness for the trucking companies and their insurers.
Take a minute to learn about each of our attorneys:
Firm Founder, Attorney Regis L. Mullen
Attorney Regis Mullen has 56 years of experience and began his legal career by litigating on behalf of the insurance companies in order to learn their tactics. After doing that, he switched over to representing injury victims and hasn’t looked back. Now he uses all that knowledge he accumulated working for insurers on your behalf. Regis knows how to beat their defenses before they even bring them forth. He quickly win arguments with insurers that might otherwise take weeks or months to resolve. Regis uses this experience to mentor the firm’s other two lawyers, Shane, and Joseph.
Managing Partner, Attorney Shane V. Mullen
Attorney Shane Mullen has 21 years of experience representing truck accident claims. He knew he wanted to be a lawyer beginning in the third grade. Since that time, he’s grown to become an excellent commercial truck accident lawyer and has won several million dollar and multimillion dollar claims. That’s allowed him to become a member of the Million Dollar and Multimillion Dollar Advocates Forums. He’s also now a member of Rue Ratings’ Best Attorneys of America. Both organizations are based on merit. They’re invite-only and accept just the top 1% of all lawyers in America. That means Shane earned his way into both and did not buy or network his way in.
Associate Attorney, Joseph R. Morrison
Attorney Joseph Morrison has 19 years of experience and a list of achievements similar in length to Shane’s. He also has won several million-dollar and multimillion dollar claims of his own. Just like Shane, this has qualified him to become a member of both the Million Dollar and Multi-Million Dollar Advocates Forums. And, he’s also a member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers and The National Trial Lawyers Top 40 Under 40. Again, all these organizations are invite-only, and based completely on merit. You cannot network or buy your way in!
What should you take away from all this? No matter which attorney handles your truck accident claim, you’re in good hands with Mullen & Mullen Law Firm. In fact, you’re in great hands… even some of the best hands in America.
Testimonials From Dallas Clients Injured by Commercial Truck Drivers
Jennifer Foster’s Review
“I have three children under the ages of 6, the youngest one is disabled. I was unable to care for my children, after I was hit by an 18-wheeler. My financial support was lost. When I hired the Mullen & Mullen Law Firm, they immediately earned my trust. They made it easy for me.”
Josie Gonzales’s Review
“I was hit by a commercial vehicle… They made sure all my medical needs and expenses were taken care of. I have recovered from my injuries. Shane is a great attorney and I was awarded the maximum. I highly recommend this law firm. They were very professional & sincerely cared about me.”
Review from Shonye B.
“I was hit by a commercial truck while stopped at a stop light. Joseph did his absolute best to get me what I deserved. Mullen and Mullen are the best.
Review from Moll M.
“Joseph Morrison did a fabulous job with handling my accident with a commercial vehicle. I was injured and required surgery. Joseph made sure all my bills were covered and handled my case with a caring attitude making sure I received a good settlement. I truly appreciated Joseph and his staff! I would recommend Mullen and Mullen to family and friends.”
Review from Mark M
“My aunt had met with an accident when a truck rammed into her car. She had suffered severe injuries and had to be kept in the hospital for a long time. Needless to say, the expenses added up to quite a bit, so I was determined to fight for adequate compensation from the other party. It was my friend who recommended your firm to me. Mullen & Mullen is certainly different from the other law firms that I have come across so far. They offered me a free consultation and the contingency charges were very lenient. The best part is that they helped me through all the procedures and ensured that we received the money that was due.”
J. Melville’s Review
“Mullen and Mullen was incredible in terms of both how understanding they were to my problems as well as in settling my case quickly and fast. A truck from a local construction company ran into my parked car and pretty much totaled it a few months back. Initially they refused to pay me a dime, and even threatened to bury me in litigation. But as soon as Mullen & Mullen took up my case up, things went so much better. I was compensated for my loss, and I didn’t even have to go to court for it. Those guys do an incredible job.”
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Case Studies About Dallas Truck Accident Claims We’ve Settled
- $962,500 Settlement for client with neck injury requiring surgery
- $932,500 Settlement for client with a lumbar disc herniation and annular fissure
- $787,500 Settlement for client with neck injury requiring surgery
- $574,000 Settlement for client with foot injury
You Can Afford The Best Truck Accident Lawyer in Dallas Because You Pay Nothing Until After You Win
Not only will you not pay anything out of pocket until your settlement has been won, you’ll get thousands more in your pocket when it’s all said and done because Mullen & Mullen Law Firm charges just a 29% contingency fee versus the industry standard of 33.3% for cases that settled without litigation. This 4.3% savings can really add. For example, on a $500,000 truck accident settlement it would mean $21,500 more in your pocket instead of an attorneys.
Common Types of Injuries Sustained in Trucking Accidents
Truck accidents can have devastating consequences due to the size and weight disparity between commercial trucks and passenger vehicles. They often result in severe injuries that can have long-term physical, emotional, and financial impacts on the victims. Understanding the most common types of injuries sustained in commercial truck accidents is essential for both accident victims and their legal representation in pursuing compensation and justice.
Head Injuries
Truck accidents can lead to traumatic brain injuries, ranging from mild concussions to severe brain damage. The sudden impact or violent jolt can cause the head to hit objects within the vehicle, resulting in cognitive impairments, memory loss, difficulty concentrating, personality changes, and long-term complications. Timely diagnosis and appropriate medical intervention are crucial for managing and treating TBIs.
Spinal Cord Injuries
The forceful impact in truck accident can damage the spinal cord, leading to partial or complete paralysis. Spinal cord injuries can result in loss of sensation, impaired motor function, and a significant impact on an individual’s daily life. Rehabilitation, adaptive equipment, and long-term care are often necessary to support individuals with spinal cord injuries.
Back and Neck Injuries
Whiplash, herniated discs, spinal fractures, and other back and neck injuries are common in truck accidents. The sudden jerking motion during a collision can strain or damage the muscles, ligaments, and vertebrae, leading to chronic pain, limited mobility, and long-term discomfort. Physical therapy, pain management, and sometimes surgical interventions may be required for recovery.
Broken Bones and Fractures
The immense force involved in truck accidents can cause fractures and broken bones throughout the body. Limbs, ribs, pelvis, and skull fractures are particularly common. These injuries often require immediate medical attention, surgical intervention, immobilization through casts or braces, and extensive rehabilitation to restore functionality.
Internal Injuries
Truck accidents can result in significant internal injuries due to the impact of the collision. Organs such as the liver, spleen, kidneys, or lungs may be damaged, leading to internal bleeding, organ failure, and life-threatening conditions. Prompt medical evaluation and treatment are critical to address internal injuries, as they may not be immediately apparent.
Cuts, Lacerations, and Bruises
The shattered glass, debris, and objects inside the vehicle can cause cuts, lacerations, and severe bruising. These injuries can range from minor wounds to deep lacerations requiring stitches or reconstructive surgery. In some cases, scarring or disfigurement may result, leading to both physical and emotional distress.
Burns: Truck accidents involving fires or explosions can result in burn injuries. The severity of burns can vary, ranging from first-degree burns to more severe third-degree burns that affect deeper layers of the skin and underlying tissues. Burn injuries often require specialized medical treatment, including wound care, skin grafts, and extensive rehabilitation.
Psychological Trauma
Truck accidents can have a profound psychological impact on the individuals involved. Post-traumatic stress disorder (PTSD), anxiety, depression, and phobias are common psychological consequences. Victims may experience flashbacks, nightmares, social withdrawal, and difficulty resuming daily activities. Psychological support and therapy are vital for their recovery.
It is important to note that the severity and type of injuries can vary depending on various factors, including the speed of the collision, the angle of impact, use of safety restraints, and the size of the vehicles involved. Seeking immediate medical attention after a commercial truck accident is crucial, even if injuries may not appear severe at first, as some injuries may have delayed onset symptoms.
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About Commercial Truck Accident Claims
In commercial truck accident claims the stakes are usually very high. Our experienced lawyers have the knowledge, skills, and financial stability necessary to take on the trucking company and their insurance carrier and recover compensation. Mullen & Mullen Law Firm will make sure the at-fault driver and the company they work for are held responsible for your injuries.
A Private Investigator Hired by the Trucking Company Could Try and Secretly Video You
Be mindful of the situations you place yourself in as you recover from your injuries, as they will use anything they can against you. Insurance companies know they have increased exposure when an 18-wheeler or other commercial truck is involved. Trucking companies typically have minimum liability insurance policies of $1,000,000 and thus most have stand-alone departments just to deal with these accident injury claims.
We Have an In-House Private Investigator to Work on Your Case
At Mullen & Mullen Law Firm, we employ an in-house accident investigator who will quickly request a copy of the Texas Peace Officer’s Crash Report if available. He will take photos and video footage of all vehicles involved and of the accident scene. He will also attempt to locate any witnesses. And even if none are identified in the police report, he has been trained to canvas the scene for all potential witnesses.
Our Attorneys Will Conduct Witness Interviews and Obtain Affidavits
Our lawyers will interview and obtain affidavits from any located witnesses and will also run public record database searches and utilize the FIA (Freedom of Information Act) to request various records associated with the wreck, the driver of the semi-truck, and the company that employs the driver.
What Organizations May Have Records Related to My Truck Accident?
Depending on the facts and circumstances of your collision, the following agencies may have documents that could assist your personal injury case:
- Texas Department of Public Safety
- United States Department of Transportation
- Federal Highway Administration
- Federal Motor Carrier Safety Administration
- Federal Office of Motor Carrier and Highway Safety
- National Driver Register
- National Highway Traffic Safety Administration
- National Transportation Safety Board
- Texas Department of Transportation
- Texas Transportation Commission
Our lawyers routinely request documents from various government entities. If you retain Mullen & Mullen Law Firm, we will quickly and efficiently secure all available documents that could be helpful in your case.
What Texas Rules and Regulations are Commercial Drivers and Trucking Companies Subjected to?
18-wheeler drivers and the companies they work for are generally subject to a substantial number of rules and regulations. Depending on the circumstances of your case, the following could be applicable:
- Federal Hazardous Materials Regulations
- State of Texas Hazardous Materials Regulations
- State of Texas Motor Carrier Safety Regulations
- Texas Transportation Code
Our attorneys are knowledgeable regarding various rules and regulations applicable to commercial truck drivers. We will identify any possible violations by the trucking company and its driver.
Claiming Damages with Insurance Companies After Your Truck Accident
When should you file claims for injuries and damages after an accident with a commercial truck? You should set up various insurance claims as soon as you are able. Do not think that just because the truck driver said he or she was “sorry” at the scene, that liability will be accepted by the trucking company or its insurance carrier. Semi-tractor-trailer drivers operate on a point system and can lose their commercial driver’s license if they accumulate too many points. As a result, they will often have a strong motivation not to be truthful.
What Claims Should Be Established with the Trucking Company or Your Insurance Company?
You might have several insurance claims to establish following an 18-wheeler wreck. Below you will find just a few of the potential claims you may need to establish:
- Liability claim against the 18-wheeler driver (property damage as well as injury damages).
- Liability claim against the company the truck driver was working for at the time of the accident (property damage as well as injury damages).
- PIP monies through your own automobile insurance policy to reimburse you for medical expenses and/or money you have lost if you are unable to work.
- MedPay monies through your insurance or the at-fault party’s insurance (Offset allowed if you obtain a settlement)
What Are the Typical Liability Limits of a Commercial Vehicle Policy?
Most policies will have insurance coverage in place of at least $250,000 per person / $500,000 per accident. Often, they will have coverage limits of $1,000,000 per person / $2,000,000 per accident.
Example: If three persons are injured in the same semi accident, and the at-fault driver’s policy limits are $250,000 per person / $500,000 per accident, the most any single person could get under the insurance policy is $250,000, and the most the liability carrier would have to pay out in total is $500,000, even if combined damages were well more than that amount.
It is very important to explore all potential sources of insurance coverage if you have suffered traumatic or life-altering injuries in an 18-wheeler accident. Our Dallas lawyers are adept at verifying whether the semi-tractor-trailer may be covered under separate insurance policies, thus maximizing your potential recovery.
Does it Matter if the Driver was an Independent Contractor?
Yes. Employers are generally not liable for the negligent actions of an independent contractor. Texas follows the doctrine of Respondeat Superior, however, and companies are liable for the negligent actions (or omissions) of an employee, while said employee is in the course and scope of his or her employment for the company. For example, if you were injured in an 18-wheeler accident with a Swift Transportation truck, the driver and Swift Transportation would both be proper Defendants in a lawsuit.
The amount of available insurance proceeds could depend on whether the semi-tractor-trailer driver was an independent contractor (no coverage) or employee (coverage) of the trucking company. Our lawyers are familiar with the factors used to determine the status of the driver and can make legal arguments to establish that the driver was an employee.
The company’s policy limits don’t matter if they have significant assets. For example, if you suffered devastating injuries due to a JB Hunt 18-wheeler, you wouldn’t need to be concerned with the insurance limits since JB Hunt has millions and millions of dollars that could be seized in a judgment.
Vehicle Repair or Replacement After a Commercial Truck Accident
Should I take my car to the repair shop the trucking company’s insurance carrier recommended to me? No way. The body shops recommended by their company’s liability carrier are recommended for an easy to guess reason, i.e., they charge less for repairs. The trucking company and its carrier want your automobile damage to be very low so they can argue you were involved in a “minor” collision. Have an estimate performed by the auto dealership or body repair shop of your own choosing.
Do You Get a Rental Vehicle if You are Involved in a Commercial Accident?
Yes. But usually only if your automobile can be repaired and isn’t totaled. If your vehicle is fixable and drivable, you can generally get a like and similar rental car for the time it would take to fix your car. If it’s a total loss, then you may likely only recover the fair market value of your automobile and insurance companies do not generally reimburse you for the cost of a rental car.
Can You Assist Me with Obtaining a Rental Car?
Yes, our lawyers will help you secure a rental vehicle while your automobile is being repaired, or while the liability carrier for the trucking company is determining whether your automobile is a “total loss”.
Can I Recover Damages for the Diminished Value of my Automobile?
Yes, generally. Establishing diminished value often requires an Expert Report. Our law firm is happy to advance the money on your behalf to obtain an expert report, if the damage to your car warrants it.
How Much Can I Recover for My Vehicle if it is Considered a “Total Loss”?
If your car is totaled following an 18-wheeler accident, then you can recover only the fair market value of your vehicle. The fair market value is measured by what similar vehicles are being sold for on the open market. Fair market value is not measured by Kelly Blue Book or NADA Book Value.
Securing a Law Loan
Do companies exist that loan money based on securing an interest in your settlement? Yes. However, many of these law loan companies charge a ridiculous interest rate. Most law loan companies require you to be represented in order to qualify for a loan. Our legal team routinely help clients secure loans that charge a flat fee, as opposed to a continuously compounding loan. This sometimes saves our clients thousands of dollars.
Getting Necessary Medical Treatment
Should I go to the hospital if I have pain and discomfort? Absolutely. If you experience pain and discomfort following an 18-wheeler or other commercial vehicle accident, you should be safe and get examined. Large semi-tractor-trailers weigh thousands of pounds. It is better to be cautious and get examined, since the insurance carrier for the trucking company will use the fact that you didn’t go to the hospital against you, to suggest you weren’t hurt bad enough to go.
What if My Health Insurance Carrier Pays Some of My Medical Bills?
If your health insurance carrier or Medicare or Medicaid makes payments on your behalf for injuries related to your 18-wheeler or commercial truck accident, the carrier or agency is generally entitled to be reimbursed out of your settlement proceeds, a right known as subrogation.
The amount the carrier or agency is entitled to be reimbursed can differ, but our Dallas truck accident attorneys are almost always able to secure a reduction of health insurance liens or workers’ compensation liens.
Do Medical Providers Exist Who Have Experience in Treating These Types of Injuries?
Yes. Many doctors refuse to treat patients who have been injured in truck accident cases because they fear getting deposed or otherwise drawn into a legal dispute. But some healthcare providers do exist that are willing to give services for commercial truck accident injury victims.
Our attorneys will assist you in securing all medical attention you require following the collision. Mullen & Mullen Law Firm has been in business for 40 years and we have strong relationships with various healthcare providers who primarily assist people hurt in accidents.
Upon your request, we can help you locate a local doctor who will delay billing you for medical services until the conclusion of your truck accident case. Mullen & Mullen’s lawyers work with surgeons, hospitals, surgical facilities, and even anesthesiologists, who are willing to forego payment until the settlement of your claim, if you require surgery.
Can You Recover Lost Wages Because of the Accident?
Yes. The trucking company or insurance company, however, will want your loss of earnings to be well documented. In the past our lawyers have helped 18-wheeler accident victims establish a legal right to these damages, by utilizing fact witness affidavits, company correspondence, and certified tax and earnings documents.
An Example: Our attorneys represented a young female whose job was classified as “Light” according to exertional demands. She underwent a Physical Performance Examination that indicated she did not have the capacity to perform at the “Light” exertion level. She was held out of work until she could perform her job duties without the risk of aggravating her injuries.
Can You Recover Damages for Loss of Earning Capacity?
Yes. Loss of earning capacity is the total amount of wages you will lose over the course of your lifetime due to your injuries adjusted to net present value.
Our truck accident attorneys utilize both Economists and Vocational Rehabilitation Consultants when needed to prove past lost wages or loss of earning capacity.
What Other Monies are Available?
You might be entitled to the following monetary damages in addition to those described above:
- Past reasonable and necessary medical expenses
- Future reasonable and necessary medical expenses
Mullen & Mullen Law Firm has utilized a Life Care Planner on 18-wheeler accident cases in the past. We front the cost of this expert’s report if you have sustained life-altering injuries and will need life-long accommodation.
- Automobile repair costs
- Replacement car cost; and
- Diminished value.
Pain, Suffering, Mental Anguish & Impairment
If you have been involved in a commercial truck accident you may be entitled to non-economic damages for:
- Pain and suffering – both past and future
- Mental anguish – both past and future
- Physical impairment – both past and future; and
- Loss of consortium
Non-economic damages, unlike economic damages, are generally not ascertainable to a fixed degree. For example, if you made $5,000 a month and were injured in a truck accident that caused you to miss four months of work, your loss of earnings damages is clearly $20,000. Your individual pain, suffering, and mental anguish however cannot be quantified, and a jury would have complete discretion in computing these damages.
Mullen & Mullen Law Firm will often oversee preparation of a “day in the life” video. A video demonstrating a typical day in “your shoes” can often be the difference between a good settlement and a great settlement. Our attorneys have the experience to allow you to answer questions that detail your unique story and illustrate the devastating impact of your accident.
Can I Get Punitive Damages?
Punitive damages are designed to punish wrongdoers for reckless or grossly negligent conduct. In Texas these damages are generally difficult to obtain and must be examined on a case-by-case basis.
The potential for punitive damages should be explored in every case involving an 18-wheeler or commercial vehicle. Some situations where a finding of recklessness or gross negligence might be warranted include:
- If the driver was found to driving under the influence of drugs or alcohol
- If the driver was found to be driving while intoxicated
- If the driver violated his or her requirements to stop and rest for a minimum number of hours
- If the driver failed to properly secure his or her load; and
- If the driver was operating his or her vehicle at a reckless speed
What is the Value of your Truck Accident Claim?
Most attorneys will tell you what you want to hear, even though they realize your case value is directly tied to the extent of the injuries you sustained and other factors that could influence a jury, such as if the driver was texting when the collision occurred. Mullen & Mullen Law Firm offers guidance on expected case settlement value, only after we have reviewed all case documents and evaluated the arguments raised by the insurance adjuster. Would you want a surgeon to offer an opinion without reviewing medical records?
If you have suffered a measurable injury, as opposed to a sprain or strain, or whiplash, your claim will definitely have enhanced value. Measurable or easily observed injuries include things like fractured or broken bones, herniated or extruded discs, and other injuries which require surgery like a fusion or discectomy.
What if the Trucking Company is Arguing I Was Also Negligent?
If you are found to be negligent, the percentage of fault assigned to you by the jury is deducted from the total verdict. For example, if the jurors awarded $50,000 in damages but determined you were 20% at fault, the final verdict would be adjusted to $40,000.
If you were partly negligent, are you barred from obtaining a recovery in a commercial truck accident? No, except if the jury determines you are more than 50% at fault for the wreck. Recovery is possible even if the jury determines liability for the 18-wheeler accident should be apportioned 50/50, although the total settlement would be reduced by 50%.
What are “Reasonable and Necessary” Medical Bills?
Texas law states you are allowed to seek recovery of the monies you paid or incurred to doctors and other medical professionals. The medical bills must be both reasonable and necessary. Trucking companies almost always argue that at least some of the accident victim’s treatment was unreasonable or unnecessary. They usually retain a medical doctor to perform a “peer review”.
What is a Pre-existing Condition?
Trucking companies love to suggest that injury victims suffered from a pre-existing condition. The difference between a good settlement and a great settlement can often come down to whether medical records and other documentation clearly demonstrate an aggravation of a pre-existing condition.
Our lawyers will likely request that a medical provider review your pre-accident medical records so that the “Eggshell Plaintiff” doctrine can be argued if applicable. In addition, securing past medical records will often lead to the best evidence of pain, suffering, mental anguish, and impairment.
What if You Decline the Trucking Company’s Last Settlement Offer?
You have the right to initiate litigation against the driver and the company he or she was working for if you choose to decline their final settlement offer.
Should You Settle or Initiate Litigation?
All injury claims should be evaluated on an individual basis. Sometimes a $50,000 offer before initiating litigation ends up being more money in your pockets than a $70,000 offer.
Consider these factors:
- Attorney fees will always increase if litigation is involved.
- Case expenses, especially on commercial truck accident claims, usually dramatically increase in litigation.
- Litigation is very time-consuming and often lasts 9-12 months.
- Your health insurance company or a workers’ compensation company might be more receptive to reducing a lien prior to the commencement of litigation.
It’s Important to Obtain Records Related to the Truck’s Daily Log and Driver Management System
Commercial drivers are only allowed to drive a certain number of consecutive hours before the law requires them to stop and rest. The truck’s daily log will demonstrate how many miles the driver drove that day. The driver management system should indicate geographical position, hours in service, load balance, and stability data, among other things.
Importance of Obtaining the Driver’s Qualification File
Documents generated or maintained pursuant to Title 49 of the Federal Motor Carrier Safety Regulations, parts 382, 383, and 391, constitute the Driver Qualification File. This can be used to determine if he/she was qualified to safely operate the vehicle. These records are especially useful in combination with the driver’s investigative history and personnel files.
Can the Truck’s GPS System be Used to Strengthen Your Claim?
Yes. If the GPS data is available, it will be discoverable in litigation and can be used to strengthen your claim. GPS data will show where the truck was, at what time, and the route of travel it took.
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Truck Accident Statistics in Dallas, TX
Truck accidents bring devastating consequences: injuries, property damage, and loss of life. In Dallas, Texas, with its busy highways, understanding accident statistics is crucial. The data, until 2021, offers insights into the truck accident landscape.
Total Number of Truck Accidents
In recent years, Dallas has experienced a significant number of truck accidents. In 2020, Dallas County had 7,771 truck crashes, causing 60 fatalities and over 1,000 injuries (TxDOT). It’s important to note that these figures include accidents of varying degrees, ranging from minor incidents to severe collisions.
Fatalities and Injuries
Truck accidents tend to have a higher fatality and injury rate due to the sheer size and weight of commercial vehicles. Between 2016 and 2020, the number of fatalities resulting from truck accidents in Dallas County showed a fluctuating trend. In 2016, there were 80 fatalities, which decreased to 59 in 2017, then increased to 83 in 2018, dropped to 68 in 2019, and finally reached 60 in 2020. These figures highlight the need for ongoing efforts to reduce the number of fatalities.
Contributing Factors
Truck accidents in Dallas have various causes: fatigue, distraction, impaired driving, speeding, lane changes, mechanical failures, and weather. Raising awareness, stricter regulations, and better training can reduce these risks.
Time and Location
Analyzing the time and location patterns of truck accidents in Dallas can provide valuable insights for accident prevention initiatives. Certain months have higher rates of such accidents due to factors like holidays or weather. And major highways like I-35E, I-30, and I-635 experience the most volume.
Safety Measures
Dallas, state, and federal agencies implemented safety measures to reduce truck accidents. These include:
- regular inspections of commercial vehicles to ensure they meet safety standards
- enforcement of trucking regulations like hours-of-service rules
- improving road infrastructure
- implementing stricter penalties for traffic violations
- promoting public awareness campaigns regarding safe driving practices around trucks
It is crucial to note that these statistics are constantly evolving. Government bodies, law enforcement agencies, and community organizations are always implementing new measures to reduce accidents.
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Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207
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Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.
