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Hit by a Delivery Truck in Downtown Dallas: Do Company Regulations Affect My Case?

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Location: Dallas  |  Law type: Truck accident attorney
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I was in Downtown Dallas last month when a delivery truck from a well-known company made a wrong turn and collided with my vehicle. I suffered from a broken arm and my car is totaled. The driver apologized and mentioned that he was running late and under a lot of pressure to meet the company's tight delivery schedules. I've heard these companies have stringent delivery targets for their drivers. How does the company's internal regulations and pressure on drivers factor into my claim?

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Need Help: Delivery Truck Obstruction Caused Me Trouble!
1 year 2 months ago, Truck accident attorney, New York

Legal Solution

The response provided below is specific to Truck accident attorney in the jurisdiction of Dallas. If the response is inadequate, please submit a detailed inquiry.

Impact of Company Regulations on Liability in Texas

In Texas, if an employee's negligence leads to harm while they are carrying out their employment duties, the employer can be held liable under the doctrine of "respondeat superior." If the delivery company's unrealistic schedules pressured the driver to act recklessly, the company itself might bear responsibility for the accident alongside the driver.

Relevant Texas Statutes & Resources

  • Texas Transportation Code §545.060: Following distance.
  • Texas Civil Practice and Remedies Code §33.001: Proportionate responsibility.
  • Texas Department of Transportation

Steps to Strengthen Your Claim in Dallas

  1. Gather Evidence: Ensure you have photos of the accident scene, your injuries, and the damages to your car.
  2. Company's Internal Policies: A labor and employment lawyer might help in understanding the company's delivery schedules and whether they encourage unsafe driving.
  3. Medical Documentation: Keep all your medical reports and bills handy.
  4. Legal Counsel: Consider retaining a personal injury lawyer or an auto accident attorney familiar with such cases in Texas.

Estimated Legal Costs in Dallas

Service Average Cost
Initial Consultation with an Attorney $250 - $650
Pursuing a Claim against a Company $15,000 - $50,000
Medical Bills Analysis $2,000 - $6,500
Gathering Evidence from the Company $4,500 - $15,000

Many attorneys in Dallas work on a contingency basis, which means they're paid a percentage of the settlement or judgment they obtain on your behalf.

Clarifying Further Details

To better address your situation:

  • Was there any CCTV footage capturing the incident?
  • Were there witnesses during the collision?
  • Did you report the accident to the police?

Q1: What if the driver was an independent contractor and not an employee?

The company might not be held liable if the driver was an independent contractor. However, specific criteria determine this status, and it's crucial to verify the relationship between the company and the driver.

Q2: How long do I have to file a claim in Texas?

Texas has a two-year statute of limitations for personal injury cases, starting from the accident date.

Q3: Can I be held partly responsible if I was partially at fault?

Texas follows a modified comparative fault rule. If you're found to be more than 50% at fault, you won't be able to recover any damages.

Q4: How do I deal with the delivery company's insurance adjusters?

It's recommended not to provide any statements without consulting your attorney first, as it could affect your claim.

Q5: What if the company offers a quick settlement?

Be cautious with initial offers, as they might not cover all your damages and future medical expenses. Always consult with an attorney before accepting.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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