Carabin Shaw’s Austin-based truck accident lawyers are here to help you recover after an 18-wheeler accident, providing expert legal representation and aggressive advocacy to protect your interests.

Flatbed Truck Accident Attorney on Texas Falling Cargo Accidents

As dangerous as accidents involving massive 18-wheeler trucks can be, accidents involving flatbed trailers can be even more devastating. The cargo carried by flatbed trailers is usually extremely large and bulky; so much so that it cannot be carried by the typical trailer of a regular truck. More Information about our Truck Accident Lawyers in Austin here
Flatbed trailers traveling on the major roads can haul all kinds of huge, odd-shaped objects. These can include manufactured homes, extremely long pipes, and even windmill blades. If they are loaded improperly, these objects can pose a significant risk to other motorists on the road. More about our Truck Accident Attorneys Austin here
If you have suffered an injury in an accident involving either a flatbed trailer or the cargo that it was hauling, you will probably be able to pursue restitution for the injuries you have incurred. You should contact a flatbed trailer accident attorney to comprehend your rights fully. This article provides information on the parties you can take legal action against in a flatbed trailer accident case, the common obstacles that will block your path to securing compensation, and how a flatbed trailer accident attorney can help you. This article, however, is not designed to replace the counsel of an actual lawyer.

Who is Liable for the Injuries you have Suffered?

In an accident involving a flatbed trailer, more than one party may be responsible for the injuries you have suffered. You were only injured once, but you can take legal action against every person or entity that contributed to the accident and sue each of them for the same amount of damages. A flatbed trailer accident attorney will launch a thorough investigation of the accident scene and all of the circumstances surrounding the accident in order to determine who was to blame for your injuries.

The most obvious responsible party is the driver of the truck that caused your accident.  To make a living, many truckers are required to drive an incredible number of miles and meet rigid deadlines. Although the law requires them to take rest stops regularly, many of them ignore that requirement and drive on without proper rest. When a distracted or exhausted driver is behind the wheel of one of these immense flatbeds, a devastating accident can occur that can result in debilitating injuries or death.

If you sue the driver, that is just the first of what could potentially be several legal actions you take. Almost every time that it is determined that a careless driver causes an accident, the injury victim can also sue the company that hired that driver as well. This can be a significant benefit to you as trucking companies normally have extensive cash reserves that can lead to you obtaining just compensation for your injuries. Personal injury law in Texas subscribes to the doctrine known as respondeat superior. This theory mandates that an employer is legally liable for any injuries that its employee causes while on the job. What this means is that even if the employer did nothing wrong, you can still sue the company for the negligence of its employee because of the theory of respondeat superior.

There can also be several other parties that in some way contribute to a flatbed trailer accident. For instance, the company responsible for planning the truck’s route, the company that manufactured the straps used to secure the cargo, the company responsible for securing that cargo, and others could be held liable for your injuries. Consider a scenario where a truck is hauling a piece of a modular home that is extremely tall. Say that truck travels under a low bridge, and part of the home is knocked off, strikes your car, and you suffer an injury as a result. You can more than likely sue the company that planned the route and led the truck to go under that bridge. Other times, the cargo on a flatbed trailer can become loose even though that truck was not pushed or hit by anything else. In this case, the straps holding that cargo could have been defective or the company securing that cargo could have been negligent in performing its duties. When this takes place, you might be able to pursue legal action against either one of those companies or both of them.

Challenges Encountered by Unrepresented Accident Victims

If you fail to secure the help of an experienced flatbed trailer accident attorney, there are several hurdles that you will have to surmount in order to obtain the just compensation you deserve. A seasoned attorney is familiar with what needs to be done for you to overcome the obstacles that can put your case at risk. Some of the issues that you will need to be aware of concerning litigation involving a flatbed trailer accident include:
Determining the source of the cargo
Dealing with truck drivers who lie
The policies of big insurance companies
Trucking companies that are self-insured
The burden of proof the plaintiff bears

Here is some detailed information on each of these potential hurdles:

Determining the Source of the Cargo

It is possible that the cause of your accident was cargo that was left lying in the road long after the truck that was hauling it had left the scene. When this takes place, it can be incredibly challenging for inexperienced attorneys to determine the source of the cargo, and basically impossible for someone with no legal background. In order to determine the source of that cargo or to identify who to take legal action against, you have to first be able to track down the truck that dropped the cargo.

These kinds of cases occur frequently. Cargo often comes loose from a flatbed trailer without a driver even knowing what happened. There are other times that the driver is well aware that the cargo has fallen but chose not to take the time nor make the effort to try and make sure the cargo was cleaned up either by calling the police or taking some other action. A flatbed trailer accident attorney can help you determine the source of the cargo that caused the accident that injured you.

More Great Commercial Truck Accident Blogs Here:

https://www.chicagopersonal-injurylawyer.info/truck-accident-cases-on-a-contingency-fee-basis/
https://www.denvercopersonalinjurylawyer.com/truck-accident-claims-involving-drunk-or-drugged-driving/
https://www.pennsylvaniainjuryclaimscenter.com/truck-accident-lawyers-specializing-in-catastrophic-injuries/
https://www.thepersonalinjurydirectory.com/truck-accidents-caused-by-equipment-failure/
https://www.brownpersonalinjury.com/truck-accidents-caused-by-reckless-driving/
https://www.zeleskey.com/truck-accidents-involving-hazardous-materials/
https://www.mcdowellforster.com/truck-accidents-involving-improperly-loaded-cargo/
https://www.virginiapersonalinjuryfirm.com/trucking-company-negligence-and-legal-responsibility/
https://www.scottlawnc.com/types-of-damages-you-can-claim-in-a-truck-accident-case/
https://www.boyerfirm.com/understanding-federal-trucking-regulations-in-legal-claims/
https://www.richardsandrichardslaw.net/understanding-truck-accident-claims-and-compensation/
https://killianlawnewmexico.com/what-to-look-for-when-hiring-a-truck-accident-lawyer/