Protecting People Injured InTruck Accidents

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Protecting Fort Worth and Dallas fromTruck Accidents

Have you recently been injured or lost a close family member in an accident in Fort Worth, Texas? Reach out to the experienced legal team of Fort Worth personal injury lawyers at Nwoha Law Firm Injury Lawyers for immediate assistance at (469) 320-1339

The firm has served the good people of Fort Worth and Dallas for years, and together, we have been able to change lives and heal families. If you have been injured in an accident, you deserve compensation, and we will get it for you. Contact our law office in Fort Worth, TX at (469) 320-1339 to get started. Your first consultation is free, and there’s no cost to hire our law firm unless we win your case.

One of the most disturbing statistics out of Texas regarding car accidents is that there were no “deathless” days in 2021. The causes of these fatalities ranged from distracted driving to intersection accidents and driving under the influence (among other factors).

Forbes Advisor (according to a 2024 updated report) ranked Fort Worth as the 9th city (in the nation) with the worst drivers. It received a score of 78.03 out of 100. It also has the 11th-highest number of fatal accidents caused by distracted drivers and the 12th-highest number of fatal accidents caused by speeding.

Unfortunately, the rate of accidents will not change in 2024. With over 1,000 people moving to Texas daily, more drivers are added to the 200,000 miles of state-maintained roads and highways. While state officials have invested over $2 billion in road safety between 2015 and 2022, accidents are still commonplace in Fort Worth and all of Texas.

The state averaged one accident per minute in 2023.

Even though the numbers are disturbing, TxDOT has a “Road to Zero” plan. The goal is to have no fatalities on Texas roads by 2050.

At the Nwoha Law Firm you have access to some of Texas’s best advocates who utilize cutting edge technology to ensure your case has the best outcome possible. We also work on a a contingency fee basis meaning you do not pay us unless and until we win your case.

 

Unfortunately, despite extensive regulations, truck wrecks are a regular occurrence that have plagued Texas and the good people of Fort Worth for decades. Whether it is because a truck driver is being working too many hours, not sleeping, under the influence, or distracted, the consequences of the truck wreck can be catastrophic and life-changing for the people hit by them.

The trucking industry is heavily regulated, with the main source of regulation coming from the Federal Motor Carriers Safety Regulations, which was instituted by the Federal Motor Carriers Safety Regulations Act.

The Federal Motor Carrier Safety Regulations (FMCSRs) are a set of minimum safety standards for commercial motor vehicles (CMVs) and drivers in the United States. The FMCSRs are published in Title 49 of the U.S. Code of Federal Regulations (CFR). 
The FMCSRs apply to: 
  • All employers, employees, and CMVs 
  • Any vehicle with a weight of 10,000 pounds or greater 
  • Drivers, dispatchers, managers, hiring managers, trainers, supervisors, and driver trainees 
The FMCSRs are intended to reduce the number of accidents and fatalities caused by CMVs. They are often adopted at a state level for intrastate carriers operating CMVs.There are many rules, regulations, and exemptions to the FMCSRs, which can make it complicated to determine what applies to a business. One exception is the non-business related transportation of personal property, which does not require compliance with the FMCSRs.
Navigating these complications are what your injury attorneys regularly do for living, and they are experts are their technicalities and exceptions. Armed with this, the Nwoha Law Firm can ensure that you can hold the trucking company accountable and get the compensation you deserve.

If you are injured in a truck accident caused by a driver or company that violated FMCSA regulations, the FMCSA violations can be strong evidence of negligence, which can help you recover damages. 

Here are some things to consider: 
  • Damages. You may be able to seek compensation for medical bills, lost income, pain and suffering, and property damage. The amount of damages you may receive depends on the severity of your injuries. 

  • Liability. You can hold the driver, carrier, or other parties liable for the rule violation. This could include the trucking company, a third-party maintenance firm, or another road user. 
  • Insurance claims. You can file an insurance claim against the trucking company or another road user. Trucking companies typically have large insurance policies, so you could receive significant compensation. 
  • Time. You should contact a truck accident attorney as soon as possible to discuss your claim. 

Steps to Take After a Car Accident

If you have been involved in a car crash, there are several steps you should take in order to protect your rights and ensure you are eligible to receive financial compensation for your injuries and damages.

  1. Stop and stay at the scene. Never leave the scene of an accident. If you do, you may be accused of being a hit-and-run driver which can carry harsh civil and criminal penalties. If possible, try to remove your vehicle from traffic lanes and find a safe place to wait for responders.
  2. Check yourself and others for injury. Safety and health are first and foremost. Check yourself and your passengers for injuries. If safe to do so, check on the occupants of other vehicles involved as well.
  3. Call the police or 911 if someone is injured. It is always best to contact the police following a car accident. The police officers are there to be able to assist you, however, often times they will not come out if you do not say you are injured at the time of the collision. If they do not, make sure you follow up with a nearby police station, report the collision, have them make an incident report and give them the other drivers information.
  4. Take photos and video of the scene. Take plenty of pictures from different angles. It is important to be able to recreate the scene of the crash at a later date, and get a good idea of what actually happened. By taking pictures, you prevent the matter from becoming a “he said, she said” sitaution, and you will be able to demonstrate with visual evidence what happened.
  5. Gather names and information of drivers involved. Exchange insurance information and contact information with others involved in the accident. Also, get the contact information for any witnesses at the scene.
  6. Seek medical attention. Even if you are not aware of any serious injuries, visit an emergency room or doctor as soon as possible. Car accidents can cause significant damage to soft tissue and muscles, and your injuries may not be immediately evident. Symptoms can appear days, weeks, or months later and worsen over time. A medical professional can identify injuries that may otherwise go unnoticed until it’s too late.
  7. Avoid social media. Anything you say on social media can be used to diminish your claim. Even if you are giving what you consider to be an accurate account of your accident or injuries, defense teams will try to use your posts to find the smallest of discrepancies between what you commented on social media and what you told police or your insurer.
  8. Call a lawyer. This is an absolute must in any Texas car accident. You need to protect your rights and you need to know your legal options. Most personal injury firms will offer a free case consultation with no obligation. You can reach us at (469) 320-1339

Mistakes to Avoid After a Car Crash

Just as there are steps you will want to take after an accident to protect your rights, there are also several pitfalls you should be aware of which can damage your car accident claim.

  1. Speaking to the adverse driver’s insurance company. Insurance companies work to serve their own clients’ best interests. When you speak with the adverse driver’s insurer, you may inadvertently damage your claim to compensation by providing conflicting information or answering leading questions. Always speak with an attorney prior to providing answers to other drivers’ insurance companies, especially if they are requesting a recorded statement.
  2. Delaying or not seeking medical attention. We cannot stress enough the importance of seeking medical attention after a car crash, even if you are not feeling any immediate pain or discomfort. Car accident victims commonly overlook soft tissue injuries like damage done to ligaments, muscles, and tendons only to find the injuries worsening weeks or months later. Medical professionals can provide you with a routine check-up and diagnose you with an injury that may not be obvious to you.
  3. Failing to get an Injury Attorney. The insurance companies are multi-billion dollar companies that make money by giving you less money. Do not go up against them alone. Often times people turn to an attorney after their case has been negatively impacted by them trying to handle things themselves. But, by that point, the damage is already done. The Nwoha Law Firm offers free consultations with not commitment. We always highly recommend you at least talk to an injury attorney after getting into an accident.

When to Hire a Car Accident Attorney

The truth is it is best to speak with an attorney after any accident in which injuries or damages may have occurred, even if the accident and injuries seem minor at first. An experienced personal injury attorney can help you understand your legal options following a crash as well as help mitigate the confusion and stress that can follow a collision. However, we understand that calling a car accident law firm may not have been top-of-mind following your crash. Do not worry, there is still time.

Under Texas law (Tex. Civ. Prac. & Rem. Code § 16.003(a))the statute of limitations for most personal injury claims is two years.

This means even if you did not contact a Texas car accident lawyer in the days or weeks following your crash, you can still reach out to Nwoha Law to file your claim. Our auto injury attorneys will take immediate action on your case, including gathering information about the accident, gathering insurance information from the adverse driver, and gathering the medical records necessary to prove your claim.

Contact an Experienced Texas Car Accident Attorney

If you or a loved one have been injured in a car crash, contact Nwoha Law. Our experienced car accident attorneys have experience handling a multitude of injury accidents, no matter how severe the crash or injury. You may be entitled to compensation for your damages if another driver acted negligently. Our firm has the experienced car wreck lawyers and financial resources that you need to achieve the real results from Texas accidents that you deserve.

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Frequently Asked Questions

Why Chose the Nwoha Law Firm to Handle Your Truck Accident Case

We have a proven track record and have helped the good people of Fort Worth in their times of need.

The lawyers at Nwoha Law Firm Injury Lawyers are trusted throughout Texas. Our fierce and ambitious representation is what you want when you’re trying to recover the compensation you need after an accident or injury. Not only that, they come highly recommended by the previous clients that they have represented.

Founding Attorney Neill Nwoha is locally and nationally recognized as a highly accomplished and ethical legal advocate. For years, we’ve been obtaining successful results for accident victims and grieving families in Fort Worth and surrounding areas. Our results are a testament to our hard work and commitment to our clients.

Steps to Take After A Truck Accident

Car accidents can be disorienting, leaving accident victims uncertain of what to do next. While it is typically best to contact an experienced car accident attorney as soon as possible, there are several steps you can take at the scene to protect your claim. here are some of them:

  1. Stop and stay at the scene. Never leave the scene of an accident. If you do, you may be accused of being a hit-and-run driver which can carry harsh civil and criminal penalties. If possible, try to remove your vehicle from traffic lanes and find a safe place to wait for responders.
  2. Check yourself and others for injury. Safety and health are first and foremost. Check yourself and your passengers for injuries. If safe to do so, check on the occupants of other vehicles involved as well.
  3. Call the police or 911 if someone is injured. It is always best to contact the police following a car accident. The police officers are there to be able to assist you, however, often times they will not come out if you do not say you are injured at the time of the collision. If they do not, make sure you follow up with a nearby police station, report the collision, have them make an incident report and give them the other drivers information.
  4. Take photos and video of the scene. Take plenty of pictures from different angles. It is important to be able to recreate the scene of the crash at a later date, and get a good idea of what actually happened. By taking pictures, you prevent the matter from becoming a “he said, she said” sitaution, and you will be able to demonstrate with visual evidence what happened.
  5. Gather names and information of drivers involved. Exchange insurance information and contact information with others involved in the accident. Also, get the contact information for any witnesses at the scene.
  6. Seek medical attention. Even if you are not aware of any serious injuries, visit an emergency room or doctor as soon as possible. Car accidents can cause significant damage to soft tissue and muscles, and your injuries may not be immediately evident. Symptoms can appear days, weeks, or months later and worsen over time. A medical professional can identify injuries that may otherwise go unnoticed until it’s too late.
  7. Avoid social media. Anything you say on social media can be used to diminish your claim. Even if you are giving what you consider to be an accurate account of your accident or injuries, defense teams will try to use your posts to find the smallest of discrepancies between what you commented on social media and what you told police or your insurer.
  8. Call a lawyer. This is an absolute must in any Texas car accident. You need to protect your rights and you need to know your legal options. Most personal injury firms will offer a free case consultation with no obligation. You can reach us at (469) 320-1339.
Injuries You May Have After a Truck Accident

Roughly 2.44 million people were injured in motor vehicle crashes in 2015. That averages to about 6,693 injured people every day. These injuries range from minor to severe, and some injured persons may be left with long-term disability. However, no matter the severity of your injury, our attorneys will work tirelessly to ensure your rights as an injured victim are upheld. Among the injuries we see most often in clients involved in car accidents are:

  • Soft tissue injuries
  • Whiplash
  • Strained ligaments
  • Back muscle sprains
  • Scrapes and Cuts
  • Traumatic brain injuries
  • Chest injuries
  • Bruising
  • Contusions
  • Broken ribs
  • Internal injuries
  • Broken bones
  • Jaw injuries
  • Loss of teeth
  • Neck injuries
  • Crushed larynx
  • Crushed trachea
  • Broken neck
  • Pelvic injuries
  • Lacerations
  • Penetration injuries
Damages Available In Truck Accidents

After an accident, ask the other driver for their:

  • Name
  • Phone number
  • Insurance information
  • Name of the insurance company
  • Insurance agent’s name
  • Policy number

If the other driver refuses to provide their insurance information make sure you take pictures of their vehicle and their license plate number on their vehicle. We can use this to track down the drivers information in case they leave the scene. Also try and capture the damage to the other drivers vehicle, in case they try and repair the damage after the fact and claim their vehicle was never involved in a collision.

What To Be Careful of When Speaking to Insurance Adjusters

While you are required to notify your insurer of an accident, you should not be pressured into providing a recorded statement until the full extent of your injuries is known. As such, it is recommended that you keep your notification as simple as possible. Try to limit your call to:

  • The fact that you were involved in a crash
  • General background information concerning the crash
  • Date of the accident
  • Time of the accident
  • Location of the accident
  • Names and addresses for all parties involved
Do I Need an Attorney if the Insurance Company is Cooperating
Yes,  always remember, you don’t have experience navigating these kinds of claims, and the insurance company’s cooperation will only last up until they trick you into doing something to hurt your claim. Ask yourself this question, why would the insurance company help you get the true and fair value of your claims? They wouldn’t. And while they may seem and appear nice, in our experience, this is to get you to let your guard down.
It is critical to have someone fighting for you in this negotiation. Ensuring you get all of the benefits that you are entitled to, ensuring any offers they make are fair and correct, and making sure that things are done properly.
Will an Attorney Get Me More Money?

This question has been researched time and time again, and the answer is both obvious and clear. Attorney involvement in injury claims always leads to a bigger payout from the insurance company. In fact, studies show that attorney involving can lead to a 3.5 time increase in final payout compared to cases where an attorney was not involved.

There are three major studies and a report that show a clear correlation between retaining a lawyer for a personal injury accident and getting a larger settlement. The Insurance Research Council (IRC) published a study in 1999 with results that still hold true over 20 years later. The study, “Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims” . And in that study they found that accident victims who hired attorneys to help them with a claim received 40% more in the insurance settlement than those who didn’t retain a lawyer.

A separate report published by the IRC, “Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs,” took a look at how representation by a lawyer relates to compensation for an insurance settlement. The IRC noted that 85% of all money paid out in insurance settlements for bodily injury claims is paid to people who are represented by lawyers. This means that in a vast majority of the cases, people who did not have an attorney did not end up even getting a settlement for their claims.

In 2014, the IRC conducted a study titled “Auto Injury Insurance Claims: Countrywide Patterns in Treatment, Cost and Compensation.” The study collected data from over 35,000 personal injury claims from 12 private car insurance providers. The 12 insurers represented 52% of the private car insurance market in the U.S. and found that attorney involvement greatly increased the amount of money paid by the insurance company.

What To Do When There are Multiple Driver In The Accident

What Happens When Multiple Drivers Are at Fault in a Car Crash

When establishing fault in Texas, it is important to remember that Texas uses a modified comparative fault standard when apportioning fault and awarding damages. This is often referred to as “proportionate responsibility.” What this means for you is that the damages awarded to you could be reduced if you are found to be partially at fault for the auto accident that resulted in your injuries.

For example, if you were texting on your phone when your vehicle was t-boned by a car that ran a stop sign, the court could determine that you were 30% at fault for the accident and therefore 30% at fault for your injuries. As such, if you were awarded $10,000 in damages, you would only be able to recover 70% of that amount or $7,000.

Additionally, Texas follows the 51% bar rule. This means that you may not collect damages for injuries if you are determined to be 51% or more at fault for your injuries.

Experienced Texas car crash attorneys will help determine what parties are at fault for your accident and what percentage of liability each party is responsible for, getting you the most money for your claim.

What is My Case Worth?

Determining What Your Car Accident Case is Worth

While every car accident case is different, the value of a car crash claim can be estimated based on the damage done to the accident victim and their property. The Nwoha Law Firm works with medical and financial experts to estimate not only the immediate costs of your accident and injuries but also the long-term effects the crash will have on you and your finances. Common damages we see in Texas car accident claims include:

  • Medical expenses – This includes medical expenses you have already accrued in response to the crash as well as the estimated cost of ongoing or future expenses like rehabilitative therapy and additional anticipated surgeries and treatment.
  • Lost income – You may be entitled to compensation for any wages you lost while recovering from your injuries. Further, if your injuries prevent you from returning to work at the same level you were at prior to your accident, we can help you recovery future lost wages as well. We will also seek compensation for any paid leave you spent responding to your accident, seeking treatment, or recovering from your injuries.
  • Damaged property  You deserve compensation for any property that was damaged or lost during your accident. This includes damage to your car as well as clothing or other personal items damaged in the crash.
  • Pain and suffering – If you suffered serious injuries and went through a painful recovery, you can be awarded pain and suffering for the physical and emotional discomfort you endured.
  • Loss of consortium – Loss of consortium are damages related to the impact your injuries have had on you or your loved ones. Married couples may be awarded loss of consortium if their injuries prevent them from maintaining physical injuries. Parents can recovery loss of consortium if their injuries interfere with their ability to care for their children.
How to Prove the other Driver is Responsible?

Proving Fault in a Texas Car Accident

In Texas, the legal standard for you to win your auto accident case is by a preponderance of the evidence. This means that you only need to prove that your version of the facts, damages, and fault is more likely correct than the defendants.

With that, your Texas car accident lawyer will focus on establishing these five elements:

  • The defendant owed you a duty of care – As a driver, the defendant owed a duty of care not only to other drivers but to all other road users. This duty of care means that they were required to act with a reasonable standard of care and practice the same watchfulness, attention, caution, and prudence that a reasonable person would practice under similar circumstances.
  • The defendant breached that duty of care – The defendant breached the duty of care they owed you by action or inaction. This can include reckless driving, distracted driving, driving under the influence, failure to maintain proper attention, failure to observe traffic signs, or failure to maintain safe following distance.
  • Cause in fact – The defendant’s actions were the actual cause of your injuries. This can normally be shown through the “but-for” test. For example, if a bus driver ran a red light and hit a pickup and the driver of the pickup suffered back injuries, the “but-for” test would state “But for the bus driver running the red light, the pickup driver would not have sustained his back injuries.”
  • Proximate cause – Your injuries were a foreseeable result of the defendant’s behavior. For example, a drunk driver hitting and killing a pedestrian is a foreseeable consequence of the driver choosing to get behind the wheel while intoxicated. However, if a drunk driver were to collide with an 18-wheeler carrying volatile chemicals which exploded on impact and caused a poorly maintained utility pole a half-mile away to fall over and injure a pedestrian on a late-night walk, it is unlikely the drunk driver would be held liable for the pedestrian’s injuries as the collapse of the utility pole is a highly unforeseeable consequence of the defendant’s drunk driving.
  • Damages – You have suffered a hardship that the civil justice system can compensate you for. This may include medical expenses, pain and suffering, lost wages, or mental anguish.

There are several ways we go about proving these facts. It can include:

  • Getting camera footage from nearby locations.
  • Interviewing the police officer.
  • Interviewing the other driver.
  • Searching for witnesses.
  • Interviewing any witnesses.
  • Interviewing an expert.
  • Having an expert reconstruct the collision using pictures of the damage of the vehicles.
  • Any money more methods.

 

What are the Most Common Truck Accidents in Fort Worth

Fort Worth is home to some of the most trafficked roads in the United States. The traffic alone increases the crash risk, but several driver-related activities also reduce road safety. The driver activities that our Fort Worth car accident lawyers see commonly causing accidents include:

  • Distracted Driving (Especially Using a Cell Phone to Text While Driving): Distracted driving, particularly texting while driving, diverts a driver’s attention away from the road, significantly increasing the risk of accidents. It is one of the leading causes of collisions, as it impairs reaction times and situational awareness.
  • Speeding: Speeding is a prevalent cause of car accidents. It reduces the driver’s ability to steer safely around curves or objects in the roadway and extends the distance necessary to stop a vehicle. Higher speeds also result in more severe injuries and damages in a collision.
  • Driver Fatigue: Fatigue diminishes a driver’s alertness, slows reaction times, and can lead to micro-sleeps, making it a critical factor in many road accidents. Long drives without adequate breaks often result in such conditions, making driver fatigue a common and dangerous cause of accidents.
  • Driving Under the Influence: Operating a vehicle under the influence of alcohol or drugs drastically impairs judgment, coordination, and reaction times, making it a major cause of car accidents. This reckless behavior endangers drivers, passengers, pedestrians, and other road users.
  • Failure to Yield: Failure to yield accidents occur when drivers do not follow right-of-way laws, leading to collisions at intersections, roundabouts, and when merging onto highways. This often results from misunderstanding traffic signs or aggressive driving behaviors.
  • Drunk Driving: Drunk driving is a critical issue that significantly increases the likelihood of accidents, characterized by impaired cognitive functions and physical coordination due to alcohol consumption. It remains a leading cause of roadway fatalities and injuries despite strict laws and penalties.

Our experienced Fort Worth car accident attorneys will know how to collect evidence and construct a case to prove negligence in accidents caused by the above factors.

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When you are in a car accident with someone it can create a lot of stress in your life. You may be in a lot of physical pain, dealing with a lot of emotional trauma, wondering what doctor you are supposed to see and how you will even pay the doctor. We are here for you, and you are protected. Reach out to us today to find out how!
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777 Main St., Suite 600
Fort Worth, Texas 76102

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