Truck accidents can be catastrophic due to the sheer size and weight of commercial vehicles. If you’ve been involved in a truck accident in Texas, there are options for getting compensation. Here’s an overview from a truck accident lawyer in Katy, TX, of the steps and options you can consider in the aftermath of a truck accident.
What Are My Legal Options After a Truck Accident in Texas? An Overview from a Truck Accident Lawyer in Katy, TX
Filing an Insurance Claim
In Texas, you can file a claim with the insurance company of the party responsible for the truck accident. The process of filing a claim generally begins with gathering evidence in support of your claim.
Evidence collection typically begins with obtaining police reports, for an objective account of the facts surrounding the accident; and medical records, which document the extent of your injuries, the treatment you’ve received, and the costs associated with your medical care. Other key evidence usually includes witness statements, any available video footage from dash cams, traffic cameras, or nearby businesses, and other documentation such as employment records and the truck driver’s logs.
Filing the Claim
Once the evidence is collected, the next step is filing the claim with the at-fault party’s insurance company. Your attorney will handle this process, ensuring that all documentation is properly organized and submitted in accordance with Texas law. The claim will outline the basis of your case, including evidence of liability and the extent of the damages you are seeking.
Insurance companies are skilled at minimizing payouts. They may ask questions or request statements from you that can later be used to dispute or reduce your claim. Avoid making any statements to the insurance adjuster without first consulting your attorney. Even innocent comments could be taken out of context and used against you.
Negotiating a Settlement
The next step is negotiating a settlement. Insurance companies have plenty of underhanded tactics they can use to limit their liability and minimize payouts. They may attempt to shift blame onto you or dispute the severity of your injuries. It’s important to have an attorney in your court to make sure you are not taken advantage of during the negotiation process.
Taking Your Case to Trial
If negotiations do not result in a fair settlement, filing a lawsuit may be necessary to seek the compensation you need. In a trial, your lawyer will present evidence and argue your case before a judge or jury. A successful trial outcome can result in a more favorable compensation award than what was offered in settlement negotiations, but it also comes with risks, so you’ll always want to talk your lawyer about whether this is the right step.
Filing a Lawsuit for Personal Injury
If the insurance company refuses to offer a fair settlement or denies your claim, you have the option to file a personal injury lawsuit. In Texas, you typically have two years from the date of the accident to take legal action. A personal injury lawsuit allows you to seek compensation for various damages, including medical expenses, such as past and future hospital stays, surgeries, medications, physical therapy, and ongoing treatment.
You can pursue damages for lost wages, as well, if the accident caused you to miss work or reduced your ability to earn an income. Compensation can also be sought for pain and suffering, which includes both physical pain and emotional distress, and property damage for vehicle repairs or replacement if your personal property was damaged in the accident.
Wrongful Death Claims
If you lost a loved one in a truck accident, you may be eligible to file a wrongful death claim. In Texas, immediate family members such as spouses, children, and parents have the legal right to seek compensation for their loss. A wrongful death claim can cover significant expenses like funeral and burial costs, which can place an unexpected financial strain on the family. It can also address the loss of companionship, providing compensation for the emotional impact of losing a loved one.
If the deceased was a primary source of income, surviving family members may also pursue damages for the loss of financial support they would have received. Emotional distress, including the grief and psychological trauma caused by the loss, can also be considered in the compensation. Filing a wrongful death lawsuit holds the responsible parties accountable and offers financial security for the surviving family members during a challenging time.
Determining Liability in a Truck Accident
Establishing liability in a truck accident typically involves a thorough investigation. This can include reviewing the truck’s maintenance records, the driver’s logs, and black box data, which records vital information about the truck’s speed, braking, and other factors leading up to the crash. Texas operates under a comparative fault rule, meaning more than one party can share responsibility for the accident.
The truck driver may be held liable if they were speeding, distracted, or impaired at the time of the accident. The trucking company may be liable if it failed to hire qualified drivers, did not properly maintain the vehicle, or violated federal hours of service regulations. The vehicle manufacturer could be responsible if a mechanical defect or faulty truck part played a role in causing the accident. If improper cargo loading led to instability in the truck, those responsible for loading the vehicle might share liability.
The Role of Comparative Negligence in Texas
The modified comparative negligence rule says that if it is determined that the accident was partially your fault, your compensation may be reduced based on your percentage of fault. However, if responsibility for the accident is determined to be more than 50% yours, you are not eligible for any compensation. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your compensation will be reduced by 20%, resulting in an $80,000 payout.
This rule makes it essential to have a strong legal strategy to minimize your share of the fault, as even a small increase in fault could really reduce your compensation. Your attorney will work to gather evidence and present a case that clearly demonstrates the other party’s responsibility for the accident.
Statute of Limitations
In Texas, a personal injury lawsuit must be filed within two years from when the truck accident occurred. If you don’t file until after the two-year deadline has passed, you will most likely not be given the right to pursue compensation by the court. Certain exceptions may extend or shorten the statute of limitations, such as when the victim is a minor or when the defendant leaves the state. Claims involving government entities have shorter deadlines, though. Always act promptly, and always give you lawyer as much time as possible to build a strong case.
Gathering Evidence to Strengthen Your Case
Building a strong case after a truck accident means gathering the right evidence. Police reports provide an official record of the accident and any citations issued. Medical records offer detailed documentation of your injuries, treatments, and prognosis, helping to prove the extent of your damages. Eyewitness testimonies from those who saw the accident can provide valuable insights into how the event unfolded.
Additional evidence may come from the truck driver’s logbooks, which can reveal whether the driver adhered to federal regulations regarding hours of service. Black box data, commonly found in commercial trucks, records key information such as the truck’s speed, braking, and other factors leading up to the accident.
If you’ve been involved in a truck accident, contact the Law Office of Shane McClelland in Katy, TX. We’re here to help you through the legal process and fight for the compensation you need.
