How Much Is My Personal Injury Case Worth?

Personal injuries can occur because of many different events. These injuries have long-term, life-altering effects and, in some cases, may be life-threatening. Often, victims of such accidents will require lifelong medical care, which leads to high medical bills and can affect the victim’s quality of life. Before filing a personal injury lawsuit, you may want to know how much your case is worth. This will help you plan and ensure all bills are settled. However, each case is unique; your lawyer will consider several aspects when calculating the claim’s value.

How Much Is MY Personal Injury Case Worth?

There are different types of personal injuries. Considering their permanent nature, these injuries can be costly to treat. In addition, you may also suffer other types of losses. In the end, no two personal injury cases are alike. Therefore, the amount of compensation you get will depend on the circumstances of your case.

Who Is Liable for Personal Injuries?

When you suffer catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyers will need to discover who owned you a duty of care and how that duty of care was violated in a way that led to your injuries.

Liable Parties in a Houston Truck Accident

December 21, 2023 by Greg Baumgartner

Truck accidents are an unfortunate reality, often leading to significant injuries and damages. Diverse parties can be held liable in Houston truck accidents. This post explores the roles of truck drivers, trucking companies, owner-operators, brokers, and shippers how their actions or negligence can contribute to accidents and how a truck accident lawyer can help you along the way while identifying liable parties in a Houston truck accident! Houston leads Texas in 18-wheeler accidents.

Truck Driver Liability

Truck drivers, as professional drivers, have a myriad of responsibilities to ensure the safe operation of their vehicles. These include conducting pre-trip inspections, controlling vehicle speed, managing space around the vehicle, making safe turns, and watching for hazards. Failure to adhere to these responsibilities can lead to accidents, making the driver liable for a Houston truck accident.

Proving liability involves your Houston truck accident lawyer demonstrating the driver’s negligence or breach of duty, which can be established through evidence such as violation of Federal Motor Carrier Safety Regulations (FMCSR), including unsafe driving, fatigue, failure to inspect the vehicle properly, or inadequate cargo securing, and confirming the liable parties in a Houston truck accident.

Trucking Company Liability

Trucking companies are responsible for hiring competent drivers, maintaining driver qualification files, monitoring performance, and ensuring compliance with regulations.

Negligence by the trucking company can lead to accidents. This includes not doing proper background checks, not maintaining vehicles, or not following hours of service rules. To prove their liability, you must show how their negligence or failure to meet legal duties caused the accident. You also need to identify their role in the liable parties in a Houston truck accident.

Owner-Operator Liability

In owner-operator situations, a truck is leased to a trucking company. The company usually has possession and control of the vehicle. Therefore, the trucking company can be held responsible for accidents involving a leased vehicle.

Establishing liability in these cases requires demonstrating the trucking company’s control over the vehicle and any negligence in its operation or maintenance. This helps in pinpointing the liable parties in a Houston truck accident.

Broker Liability

Brokers, acting as intermediaries between shipping and carrier companies, can also be held liable for accidents. Their liability may arise from negligent acts or omissions, such as failing to ensure the carrier’s compliance with safety standards. To prove broker liability, it is necessary to link the broker’s actions or lack thereof to the occurrence of the accident and determine the liable parties in a Houston truck accident.

Shipper Liability

Shippers are responsible for properly loading and securing cargo. Under FMCSR, shippers must adhere to specific standards for loading and securing cargo. Failure to meet these standards, resulting in accidents, can lead to shipper liability. Proving this liability involves showing the shipper’s failure to comply with federal safety regulations and how this contributed to the accident, identifying one of the liable parties in a Houston truck accident.

If a victim of a truck accident, contact a Houston truck accident lawyer to know your rights regarding liable parties in a Houston truck accident.

Violations of Federal Motor Carrier Safety Regulations (FMCSR)

Violations of the Federal Motor Carrier Safety Regulations (FMCSR) can be a critical aspect in determining liability in truck accidents. These rules are made to keep CMVs safe. They also help protect the public from accidents with these vehicles. Common violations include:

Unsafe driving, such as failing to comply with traffic laws.
Driving while impaired due to fatigue, illness, or other causes.
Inadequate pre-trip vehicle inspections.
Failure to securely fasten cargo.
Non-compliance with hours of service requirements.
Inaccurate or incomplete driver logs.
Poor maintenance of vehicles, compromising their safe operating condition.
Neglect in creating or maintaining proper driver qualification files.
Lack of proper accident registers with detailed information, failing to identify liable parties in a Houston truck accident.

When drivers, shippers, or motor carriers break the rules, they can be held responsible. This means they may have to pay for any injuries or damages that occur. These violations can serve as evidence of negligence or breach of duty in legal proceedings.

Contact Baumgartner Law Firm for Help with Your Truck Accident Case

Our Houston truck accident law firm is undefeated in commercial vehicle accident cases. Call Baumgartner Law Firm at (281) 587-1111 for a free consultation.

Baumgartner Law Firm

6711 Cypress Creek Pkwy
Houston, TX, 77069

(281) 587-1111

Post under: Truck Accidents

Greg Baumgartner, Founder of Baumgartner Law Firm

Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.

6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111