Texas Truck Wrecks

Texas Truck Wrecks

Many people injured by 18-wheelers realize legal pitfalls, but they are not aware of how a small mistake can scuttle the lawsuit. Perhaps hiring an attorney can fix the minor mistakes, but sometimes the situation is unfixable. We have proven trial experience in Dallas and Fort Worth. Call us today.


Texas Truck Wrecks

Typical Pitfalls in a Truck Wreck Case:

Taking it on yourself is a fool’s errand. — Even if you’re very smart, that does not mean you will be able to represent yourself in your truck wreck case. You can have a strong case, but if you are unable to prove the case by evidence and within the rules of civil procedure, then the jury will never have a chance to allow monetary compensation. Would you hire an expert to refute a doctor’s claims that you are not hurt? A mouthful, we know. Yet, this is likely to happen in truck wreck case.

Sending medical bills and records to the defendant’s insurance company. – Medical bills must be proved up in court to be admissible. The presumption is that they are inadmissible unless proven up by somebody’s word or mark. You must “prove up” your medical bills in a way that follows the Texas Rules of Evidence, The Texas Rules of Civil Procedure, and the Texas Civil Practices and Remedies Code. An admissible writing that explains your harms and losses is required. That is the only way a jury will ever see the trauma you have sustained.

There are several reasons why folks wait before they hire an attorney, these include:

  • Letting the insurance company control your offer – LOTS of folks fall victim to this pitfall. By the time you decide to handle your own claim, and get screw-ball offers, it could be too late. You need to hire an attorney as soon as you can after your accident before the defendant company—and their attorneys—have full access to the evidence. Remember, the insurance carrier holds all the cards until you show them you mean business —they have the compensation you’re entitled to, but won’t give you what’s fair without a fight.
  • Holding off for the crash report – Never a good idea because it can  ultimately be inconclusive or contain errors. The truckers and their lawyers surely aren’t waiting for the police report; the trucker’s attorney is already investigating the accident and focused on finding the smallest shred of evidence that can prove you’re partially at fault – if not totally at-fault – for the accident that led to your injury. Thus, if you wait to receive a crash report before hiring an attorney, it could be too late.

Seeking legal representation only after treatment is complete – It may take years to pursue your personal injury claim. But you do not have years to wait around and win your case. Under Texas law, you only have a number of years to bring a trucking wreck lawsuit. Evidence is one of the most important factors in the case, and the evidence will be harder to find for each day that goes by after the wreck. Some evidence can spoil, or be lost through regular document retention protocols.

Trusting the company’s insurance carrier – Under Texas law, the trucking company is not required to pay you, and has the right to defend itself and every penny it holds. Actually, the insurance carrier will look to methodically deny your claim based on frivolous notions that you are not hurt, or too old, or have a pre-existing condition. All they care about is uncovering evidence that reduces their risk. Giving the insurance company your trust in the beginning is relinquishing too much control with not enough facts. A few ways they give the illusion they are helping you:

  • Accepting liability for your property damage, because you want that fixed as soon as possible. However, be very careful not to sign a release that precludes you from seeking compensation for bodily injury claim. In Texas, property claims are much different than bodily injury claims. If they “accept liability,” that does not necessarily mean they will not look for some reason not to pay you.

  • Offering to lend you money in advance of settlement agreement – Frankly, you should not accept it. Taking the loan could be viewed as accepting a settlement altogether. Without knowing the full costs of the injury, you should not accept an advance or loan. After that, you will not be able to bring another claim for that occurrence. Once you sign a release of all claims, there is little a Dallas personal injury lawyer can do for you.

  • Verbal promises to pay medical bills – The claim handler or adjuster will play like ya’ll are pals. Pretending to do so, they keep you from hiring a Dallas personal injury lawyer. This particular incident happened to our managing attorney Mitch Abeita. He was playing baseball in the minor leagues. The baseball club did not carry workers compensation. There, he was struck by a fastball to the temporal area of the skull. The impact left him unconscious with multiple fractures in his face. The insurance company promised to pay his maxillofacial surgeon but never did. Abeita hounded them until they paid every cent.

They will drag out your case until the Statute of Limitations passes and you cannot bring the claim. The Statute of Limitations is the time frame you have to initiate a lawsuit. If you do not know the particular Statute of Limitations for you claim, you should seek advice from a Dallas personal injury lawyer.

  • Stalling to interview witnesses. People move.
  • Stalling to consult with their insured.
  • Putting you in a little box like the “investigating claim” box. 
  • Refusing to negotiate a settlement until all treatment is complete.
  • Burying you in redundant paperwork that is unreasonably time-consuming.
  • And of course, telling you the pain and mental anguish that you are feeling is not there, and saying you made it all up.


A lawsuit for negligence is a way to recover money for injuries caused by an at-fault defendant.

The elements of negligence are the existence of a duty owed by one party to another, and a breach of that duty which causes both foreseeable, and compensable damage to a plaintiff. A Dallas personal injury lawyer must prove the case by presenting convincing evidence with respect to all these elements. 

Whether an injury was foreseeable is the primary factor involved in finding out whether a duty exists. In many cases, it’s the foremost and dominant consideration to make when you want to sue somebody for damages. Ask yourself, should the other person have known better? Or did they act reasonably? 

Breach of duty is often a fact question. What does that mean? It means the question depends on what the facts were at the time of the incident that caused the harm. For example, when a motorist runs a red light, they have breached the duty to follow the rules of the road. It’s foreseeable that an injury is likely with cars being so heavy and dangerous. Therefore, when the motorist hits someone, we feel ok with holding that person accountable. 

A Dallas personal injury lawyer must balance the likelihood of injury, the seriousness of the injury that happens, and the interest that must be given-up to avoid the risk. That’s how we win cases. 

In our motorist example above, the likelihood of someone becoming seriously injured or killed is too high not to impose restrictions on other motorists. Therefore, the law imposes a duty on motorists to operate their vehicles in a reasonably prudent manner and follow the rules of the road. 

In Texas, there are some special duties imposed on drivers: Common Carriers, like buses, are required to use the highest duty of care for the safety of their passengers. This can give clients context when deciding whether to hire us

personal injury civil damages in Texas:

  • Physical pain the victim had in the past
    • Physical pain that, in reasonable probability, the victim will sustain in the future.
  • Mental anguish the victim had in the past.
    • Mental anguish that, in reasonable probability, the victim will sustain in the future.
    • Lost wages the victim had in the past
    • Loss of earning capacity the victim had in the past.
    • Loss of earning capacity that, in reasonable probability, the victim will have in the future.
  • Disfigurement the victim received in the past
    • Disfigurement that, in reasonable probability, the victim will have in the future.
  • Physical impairment the victim had in the past.
    • Loss of mobility, loss of ability, hindered, restricted from use of normal bodily faculties.
    • Physical impairment that, in reasonable probability, the victim will have in the future.
  • Medical care expenses, that in reasonable probability, will be incurred on behalf of victim in the future
    • Exact dollar figure not needed to be considered
    • Medical care expenses incurred on behalf of the victim in the past:
      • Physicians fees, dental fees, chiropractic fees, hospital bills, medicine expenses, nursing services, etc.
  • Loss of inheritance 
    • Loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the plaintiff.
    • Pecuniary loss sustained in the past
      • That is, loss of care, maintenance support, services, advice, counsel, and reasonable contributions of a pecuniary value.
  • Pecuniary loss that, in reasonable probability, will be sustained in the future.
  • Funeral Expenses
  • Exemplary damages
    • Damages awarded as a penalty or by way of punishment. Exemplary damages include punitive damages.
    • Bad acts that might not rise to the level of criminal activity but the law allows civil jurors to consider.