Truck Accident

How Javier Perez Law Helps Injured Truck Accident Victims

Our Dallas office keeps us closely connected to the community and familiar with the road conditions that contribute to serious truck collisions. This local insight helps us understand the challenges you face after an injury.

At Javier Perez Law, every client receives focused, personalized attention. We recognize the physical pain and financial pressure that often follow a truck accident, so we handle the legal work while you concentrate on your recovery.

Our team conducts a detailed investigation of your case to identify all parties who may be responsible. Large trucking companies often have significant resources and strong defense teams, so we apply our knowledge of state and federal trucking regulations to address their arguments. We also manage all communication with insurance adjusters so your statements are protected.

You never pay upfront for our services. We work on a contingency fee basis, which means we are paid only if we obtain a financial recovery for you. This approach makes qualified legal representation accessible while we pursue the highest compensation available for your losses.

Common Causes of Truck Accidents in Dallas

Commercial truck drivers face pressure to deliver cargo quickly. This often leads to unsafe driving behaviors that put everyone else at risk. 

Identifying every responsible party may expand the potential sources of compensation available to you. We analyze police reports and witness statements to reconstruct the events leading up to the impact.

We frequently see specific types of negligence in these cases.

• Driver Fatigue: Drivers may violate hour limits and operate vehicles while too tired to react to changing traffic conditions.
• Distracted Driving: Using a phone or dispatch device takes the driver’s eyes off the road for critical seconds.
• Improper Maintenance: Worn tires or faulty brakes make it impossible to stop a heavy truck in time to avoid a collision.
• Speeding: Exceeding the speed limit or driving too fast for weather conditions increases the severity of the impact.

Establishing these factors helps us build a compelling argument for negligence. We use this information to demand accountability from the parties responsible for your injuries.

Federal Trucking Regulations and Compliance Requirements

The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide safety rules for commercial trucking. When drivers or carriers violate these standards, those violations can serve as powerful evidence of negligence. Our team reviews logbooks, company records, and other documents to uncover any compliance failures.

FMCSA regulations cover driver qualifications, vehicle maintenance, and required rest periods. Hours of Service rules limit how long a driver may operate or remain on duty without breaks. If a driver falsifies logbooks to stay on the road longer than allowed, the danger to others increases—and we work to identify and document this conduct.

Trucking companies must also ensure they hire competent, qualified drivers. They are expected to run background checks and conduct drug testing before putting someone behind the wheel. We examine personnel files to determine whether the company ignored warning signs or failed to follow proper hiring practices.

Electronic Truck Data and Black Box Evidence

Many commercial trucks contain an electronic control module, often referred to as a black box. This device records information about the truck’s performance in the moments leading up to a crash, including speed, engine RPM, braking activity, and throttle position.

These records offer a clear look at the events before the impact. A driver may claim they were traveling within the posted limit, while the data might show otherwise. The information may also reveal that no braking occurred before contact with your vehicle.

To protect this material, we send a spoliation letter to the trucking company as soon as possible. This document notifies the company of its duty to preserve relevant evidence, including black box data.

Without early notice, relevant information may be at greater risk of being altered, deleted, or lost through routine system processes. Securing this data allows us to present a stronger case on your behalf.

Determining Liability in Dallas Commercial Vehicle Accidents

Determining fault in a truck accident involves more than just looking at the driver. Texas law allows you to hold multiple parties responsible if their negligence contributed to the crash. We explore every avenue of liability to maximize your potential recovery.

Many different entities play a role in the operation of a commercial vehicle.

• The Truck Driver: The individual operating the vehicle is responsible for their direct actions and decisions behind the wheel.
• The Trucking Company: The carrier may be liable for negligent hiring, poor training, or forcing drivers to violate safety rules.
• Cargo Loaders: Third-party companies that load trailers improperly can cause load shifts that lead to rollovers.
• Maintenance Providers: Mechanics who fail to repair critical systems like brakes or steering may bear responsibility for mechanical failures.

Identifying all liable parties increases the available insurance coverage. We pursue claims against every entity that played a part in causing your injuries.

Understanding the Texas Statute of Limitations for Truck Accident Cases

Texas law sets a filing deadline in the Texas Civil Practice and Remedies Code Section 16.003, which generally gives you two years from the date of the accident to bring a lawsuit. 

Exceptions may apply based on unique circumstances, such as the discovery rule. If that deadline passes, the court will likely dismiss the case, and the opportunity to pursue compensation is lost.

Although two years may appear generous, truck accident cases require detailed investigation. Our team must review records, gather documentation, and consult with qualified professionals.

Beginning the process early strengthens your position. Evidence can fade or disappear as months go by. Witnesses may relocate or forget what they saw. 

Many surveillance systems automatically erase footage after a short period. Reaching out to us promptly allows us to preserve the information needed to build a strong case.

Types of Compensation Available to Truck Accident Victims

Truck accidents can result in catastrophic injuries. The financial impact can last a lifetime. We calculate the full value of your claim to ensure you receive adequate support. We look at both current expenses and future needs.

A successful claim covers various types of economic and non-economic losses.

• Medical Bills: This includes emergency transport, surgeries, hospital stays, medication, and physical therapy costs.
• Lost Wages: You can recover income lost while you were unable to work due to your injuries and recovery time.
• Loss of Earning Capacity: If you cannot return to your previous job, we seek compensation for the difference in your future income.
• Pain and Suffering: This accounts for the physical pain and emotional distress caused by the accident and lasting impairments.

We fight to recover every dollar you need to rebuild your life. We often work with financial planners to project the long-term costs of your care.

How to Deal with Insurance Adjusters After a Truck Accident

Trucking companies often carry substantial insurance coverage, and the adjusters who represent these insurers focus on protecting the company’s financial interests. Many have extensive experience reducing the value of claims, and they sometimes use a friendly tone to encourage cooperation.

An adjuster may request a recorded statement and present it as a routine step in handling your claim. You are not required to provide one to the insurer for the at-fault party. These statements are often used to look for inconsistencies or comments that might make your injuries seem less serious.

Our firm takes over all communication with the insurance company. We present the facts accurately and work to prevent adjusters from using tactics that could harm your claim. 

If they decline to offer a reasonable settlement, we prepare the case for litigation. We remain firm in the face of aggressive insurance strategies.

How Comparative Negligence Affects Truck Accident Claims in Texas

Texas applies a modified comparative negligence standard that affects how much compensation you can recover. You may pursue damages even if you share some responsibility for the crash, as long as your share of fault is 50 percent or less. If you are found more than 50 percent at fault, you cannot recover compensation.

Any award you receive is reduced by your percentage of fault. For example, if you are assigned 51 percent of the blame, you are barred from recovering anything. 

Insurers understand this rule and often try to shift responsibility to limit their financial exposure. They may argue that you were speeding, changing lanes unsafely, or otherwise contributing to the collision.

We counter these tactics with evidence. Our team works with accident reconstruction experts to demonstrate that the truck driver’s actions were the primary cause of the crash. Safeguarding you against unfounded allegations is a core part of how we build your case.

Why Local Legal Knowledge Matters in Dallas Truck Accident Cases

Hiring a local Dallas truck accident lawyer provides distinct advantages. We know the local court system and the judges in Dallas County. We understand how local juries typically view trucking cases. This insight shapes our legal strategy.

We are also familiar with the dangerous stretches of highway in the area. We know the complexities of the High Five Interchange and the traffic patterns on Loop 12. This local knowledge helps us visualize the accident and explain it clearly.

Our office is accessible to you. We believe in meeting with our clients to understand their needs. You are not just a file on a desk. We take the time to answer your questions and keep you informed about your case.

Types of Commercial Vehicles Involved in Dallas Truck Accidents

We handle cases involving various types of commercial vehicles. Each type presents unique risks and regulations. 18-wheelers are the most common, but other large vehicles also cause severe damage.

Delivery vans, dump trucks, and tanker trucks all operate under specific rules. Tanker trucks carry liquid loads that can shift and cause instability. Flatbed trucks must secure their loads to prevent debris from falling on the road.

We tailor our investigation to the specific vehicle involved. We look for violations relevant to that type of truck. Whether it involves hazardous materials or construction debris, we find the negligence that caused your injury.

Wrongful Death Claims After a Fatal Truck Accident

Tragically, many truck accidents in Dallas result in fatalities, leaving families to face an unexpected loss.

Under Texas law, certain surviving family members such as spouses, children, and parents may file a wrongful death claim. Compensation can include funeral expenses, loss of companionship, and other damages allowed by the Texas Wrongful Death Act.

These claims are emotionally difficult. We manage the legal process with care and respect, working to protect your family’s financial stability. While no payment can replace a loved one, it can offer support during a challenging time.

We thoroughly investigate the accident to identify responsible parties and pursue accountability from the trucking company and others involved. Our aim is to help your family find closure and secure the resources needed to move forward.