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College Station or Bryan, TX Find Relief After an Under-Ride Accident

An under-ride accident is a particularly dangerous type of accident in which a smaller vehicle that is traveling behind a larger truck crashes with the truck in a way that leaves the smaller vehicle wedged under the truck’s trailer or under the body of the truck. As you can imagine, this type of accident almost always winds up causing the cabin of the smaller car to be sheared off and very frequently causes serious injury to anyone who may be in the car at the time.

Negotiating with an insurance company to ensure that you are able to receive a fair settlement for the damages caused to you and your family after an under-ride accident can be incredibly challenging. Not only is the process itself a difficult and complicated one, but it’s made even tougher to navigate by the need to rest and recover from the injuries, stress, and emotional trauma that may have also been caused by the accident.

If this sounds like your experience, it might very well be time to reach out to a seasoned under-ride accident attorney like Brian C. Gutierrez. He’s been serving the College Station and Bryan, TX, areas for more than 17 years now and will go toe-to-toe with any insurance company on your behalf. If you’re interested in learning more about how Brian can help you, reach out and set up your initial appointment today.

Who Is at Fault in an Under-Ride Accident?

Understanding who is at fault after an under-ride accident is perhaps the most important element when it comes to negotiating for and securing the compensation you deserve. To determine who is at fault for your under-ride accident, Brian C. Gutierrez will need to conduct a thorough investigation. In the case of an under-ride accident, which typically involves commercial trucks, the fault will lie in one of two places.

Driver Error

The driver of a tractor-trailer can cause an under-ride accident through any number of errors or acts of negligence. Distracted driving, driving under the influence, driving while fatigued, driving in a way that is too fast given the current conditions—each one of these actions can potentially cause an under-ride accident, leaving the truck driver directly at fault.

Owner Error

When commercial trucks are involved in an accident, the owner of the truck may be at fault. This is typically seen when the accident is caused by improper maintenance of the truck or by improper loading protocols that can cause weight to shift. The owner of the truck can also be held liable if it’s proven that they forced the driver to drive for too long without rest.

What Is Negligence?

In the case of an under-ride accident—or just about any accident involving a motor vehicle, whether being used for commercial or personal purposes—one of the key words that will keep coming up is “negligence.” The legal definition of negligence is the core concept behind our quest to ensure that you’re compensated as fully as possible.

The cornerstone of our legal strategy when it comes to ensuring that someone is proven liable for your damage involves showing that the other party has acted in a way that was directly negligent. Proving negligence in an under-ride accident involves four things:

  1. The truck driver owed a duty of care to the other people involved in the crash. In the case of an under-ride accident, this means exercising proper care and following the rules of the road to avoid or at least significantly minimize the risk posed to other drivers or pedestrians.
  2. The duty of care was breached. This can mean anything from speeding to driving while distracted by a cell phone. It can also include failing to properly maintain or repair the truck.
  3. It must be proven that this breach of care directly caused your injury. Brian Gutierrez and his team will work to draw a straight line from the negligence that caused your accident to the injuries that you’ve suffered as a result.
  4. It must also be shown that this breach of care caused your financial damages. By investigating the accident thoroughly, our team will be able to prove that owner or operator negligence was the cause of your property damage, lost wages, or pain and suffering.
Destroyed front end of a car in the middle of the road

Why Call an Under-Ride Accident Attorney?

If you’ve been injured in an under-ride accident, it’s recommended that you reach out to a seasoned under-ride attorney as quickly as possible. Working with an experienced professional like Brian C. Gutierrez—who has been serving the College Station and Bryan, TX areas for more than 17 years now—can help you ensure that you’re able to achieve the maximum possible settlement. As a negotiator, Brian is as experienced as he is fearless, and he’ll fight on your behalf as if you were a member of his own family.

As a board-certified personal injury lawyer, Brian C. Gutierrez is able to set himself apart with impressive bona fides that less than 2% of personal injury lawyers in Texas can claim. This means that Brian will take your case as far as necessary, even going to trial and defending your interests in court if the situation demands it. What’s more, is that Brian operates under the principle of total support. This means that he’ll handle every incidental burden and ensure that your legal needs are met with aplomb so you can rest, recover, and focus on moving forward with your life. To learn more about how he can help, reach out to Brian C. Gutierrez to set up your consultation today.

“No words describe how amazing it is to work with Brian.” J.T.

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