Dallas Truck Accident Lawyers

Dallas truck accident claims

The Ledger Law Firm helps people hurt in truck accidents in Dallas, Texas. The firm has attorneys licensed in Texas: Emery Brett Ledger and Randall L. Meredith. The firm’s Dallas office is at 3203 McKinney Avenue, Dallas, Texas 75204.

Call (972) 888-8888 for a free case evaluation, or send the form and the firm will call you.

The sheer weight and size of these vehicles increases the risk of catastrophic injury and death for all involved. Truck companies and their drivers must follow federal and state safety rules, and when a rule is not followed and someone is hurt, the rule may matter to the claim.

What Happens in the Aftermath of a Truck Accident?

The aftermath of a truck accident can be a stressful time for victims and their families. If you have been seriously injured, you could be facing surgery or a long course of rehabilitation, and you may be unable to return to work. You may also be wondering how you will pay for new expenses.

Federal rules set minimum insurance levels for motor carriers. For a for-hire carrier hauling nonhazardous property in interstate commerce, the minimum for public liability is $750,000, and higher minimums apply to some hazardous cargo (49 CFR 387.9). After a truck accident, the carrier’s insurance adjusters will likely become involved. After a serious injury, an adjuster may offer a settlement that looks significant. It can be tempting to accept it when bills are due, but a quick offer may not cover all of your losses, and it may not account for the lifetime cost of a disability.

An insurance adjuster works for the insurance company, not for you. Before you accept a settlement or sign anything, you can tell the adjuster that you want to speak to a lawyer first, and you can ask the adjuster to send requests in writing. If an adjuster asks for a recorded statement, you can decline until you have talked with a lawyer, because what you say can be used later if the claim ends up in court.

Who Can Be Held Responsible After a Truck Accident in Dallas?

One of the things that make truck accident claims complicated is identifying who may be responsible. After a car crash, the people at fault are usually the drivers involved. After a truck accident, the truck driver may not be the only one. Depending on the facts, the following may be responsible:

the driver
the motor carrier that used the driver and the truck
the owner of the truck or the trailer
the company that loaded the cargo
the maker of a part that failed

Federal rules put duties on the motor carrier. Some examples are below. They are examples, and which duties apply to a particular crash depends on the facts.

Investigating drivers before using them: the carrier must obtain the driver’s motor vehicle record covering the prior three years and investigate the driver’s safety performance history with regulated employers during the preceding three years (49 CFR 391.23).
Testing for controlled substances: a driver may not perform safety-sensitive functions for an employer until the employer has received a verified negative controlled substances test result (49 CFR 382.301).
Maintenance: every motor carrier must systematically inspect, repair and maintain the vehicles subject to its control (49 CFR 396.3).

What Are Some Important Trucking Laws?

Hours of service

The Federal Motor Carrier Safety Administration limits how long the driver of a property-carrying commercial motor vehicle may drive. Under 49 CFR 395.3, a driver may not drive without first taking 10 consecutive hours off duty. A driver may not drive after 14 consecutive hours after coming on duty, and may drive a total of 11 hours in that period. Driving is not permitted if more than 8 hours of driving time have passed without at least a 30 minute interruption in driving status. A driver also may not drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days, depending on whether the carrier operates every day of the week.

Drivers record their duty status, and 49 CFR 395.8 requires a motor carrier to install and require its drivers to use an electronic logging device, with exceptions the rule lists. A lawyer can look at the logs, the device data and the shipping schedules to see whether the limits were followed.

Driver qualifications

Under 49 CFR 391.41, a person subject to the rule must not operate a commercial motor vehicle unless medically certified as physically qualified to do so, and must carry a current medical examiner’s certificate while on duty, with the exceptions the rule lists.

Drugs and alcohol

49 CFR 392.4 bars an on-duty driver from possessing, being under the influence of, or using the substances it lists. 49 CFR 392.5 bars a driver from using alcohol within four hours before going on duty or operating a commercial motor vehicle, and from using alcohol or being under its influence while on duty or operating.

Maintenance

49 CFR 396.3 requires parts and accessories to be in safe and proper operating condition at all times, including the frame, suspension, axles, wheels and rims, and steering systems, and requires the carrier to keep inspection, repair and maintenance records.

How long do I have to file a truck accident claim in Texas?

Texas law says a person must bring suit for personal injury no later than two years after the day the cause of action accrues. The statute names exceptions, so call early.

The rule is Civil Practice and Remedies Code section 16.003(a). In a case of injury resulting in death, the same section sets two years as well, and says the cause of action accrues on the death of the injured person (section 16.003(b)). The statute names a few exceptions, and which date applies to a claim is a question for a lawyer.

What Should I Do After a Truck Accident in Dallas?

Get medical care first, and keep every record and bill.
Call the police. A driver in a collision that results in injury or death must immediately give notice by the quickest means of communication (Transportation Code section 550.026).
Photograph the vehicles, the road and your injuries before anything is moved, and include the truck’s markings, such as the company name and any numbers painted on it.
Take the names and numbers of the people who saw it.
Get a copy of the crash report through the Texas Department of Transportation’s Crash Report Online Purchase System. A report may not be there right away, because the officer has until the tenth day after the collision to file it.
Do not give the carrier’s insurer a recorded statement or sign a release before you have talked with a lawyer.

What Evidence Does a Truck Accident Claim Involve?

A truck accident claim can involve records that a car crash does not: the driver’s records of duty status and electronic logging device data, maintenance and inspection records, data recorded by the truck itself where it exists, and the carrier’s file on the driver. Some of these records are kept only for a limited time:

A motor carrier must keep records of duty status and supporting documents for not less than 6 months from the date of receipt (49 CFR 395.8(k)).
Maintenance records must be kept where the vehicle is housed or maintained for 1 year and for 6 months after the vehicle leaves the carrier’s control (49 CFR 396.3(c)).
A motor carrier must keep an accident register for 3 years after the date of each accident (49 CFR 390.15(b)).

Because of those time limits, a lawyer can send the carrier a letter early asking that the records be kept.

How Much Does a Truck Accident Lawyer Cost?

The firm works on a contingency fee: the fee is a percentage of what is recovered. If there is no recovery, you owe no attorney fee, but you may still be responsible for court costs and case expenses.

The case evaluation is free.

Questions About Truck Accident Claims

How long does a truck accident claim take?

It depends. The time a claim takes turns on your injuries and medical treatment, how quickly the facts are gathered and whether the insurers settle or a lawsuit is filed. The firm cannot promise a timeline.

Is it worth getting a lawyer after a truck accident?

It can be. The first conversation with the firm is free, and a lawyer can deal with the carrier and its insurers, collect the evidence and keep track of the deadlines. Whether it is worth it depends on your injuries and the facts.

What if the truck driver says I was partly at fault?

Texas uses proportionate responsibility. If your share of responsibility is greater than 50 percent, you may not recover damages. If it is 50 percent or less, the court reduces your damages by your percentage.

How Can a Truck Accident Lawyer Help Me?

A truck accident lawyer can help with the parts of the claim that are hard to do alone. At the firm, the steps are these.

Free case evaluation. You describe what happened, and the firm tells you whether it can help.
Evidence. The firm gathers the crash report, photographs, witness accounts, and your medical records and bills, and looks into whether the truck company violated safety rules.
The insurers. The firm deals with the insurance companies so you do not have to.
The demand. The firm adds up your medical costs, lost pay and other losses and sends the insurer a written demand.
Your decision. Every offer comes to you, and you decide whether to accept it. If no offer is acceptable to you, a lawsuit can be filed in a Texas court before the deadline.

The firm does not promise any result.

How Can I Contact a Truck Accident Lawyer in Dallas?

Call (972) 888-8888 for a free case evaluation, or use the form on this page. You may only have a limited time to make a claim, so call early.

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The Ledger Law Firm was founded in 1998 by Emery Brett Ledger.

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Emery Brett Ledger is the attorney responsible for this page. The firm’s California headquarters is in Newport Beach; its Texas office is in Dallas.

Hurt in a truck crash in Houston? Read our page on Houston truck accident lawyers for the steps to take and the Texas deadlines.