Table of Contents
Filing A Truck Accident Lawsuit
If you’ve sustained severe injuries due to a truck accident, it’s essential to explore your legal avenues. According to Texas law, you possess the right to initiate a legal action against the responsible party to seek compensation for your damages. This legal process is commonly referred to as a civil lawsuit.
It’s important to note that seeking compensation doesn’t always require filing a lawsuit. Typically, insurance companies are responsible for covering losses resulting from their policyholders’ negligent actions. However, when it comes to accidents involving 18-wheeler trucks, getting a fair settlement offer from commercial insurance providers is often a challenge. These corporate entities are adept at profit generation, often prioritizing minimizing payouts to maximize their earnings. Consequently, they frequently propose inadequate settlement amounts. This situation underscores the necessity of skilled legal professionals who can advocate on your behalf, negotiate effectively, and strive for a just resolution.
Experienced Lawyers to Engage in Negotiations with Insurance Companies
Truck collision cases differ significantly from car accidents, primarily due to two distinct reasons. Firstly, accidents involving commercial trucks often result in more severe injuries compared to regular motor vehicle accidents. The severity of these injuries escalates medical expenses and amplifies their lasting impact on your life. This intricacy makes accurately assessing the value of your injuries and securing complete compensation a challenging task.
Secondly, truck accidents frequently involve multiple parties who might bear responsibility. According to Texas law, each involved party is assigned fault proportionate to their contribution to the accident. Consequently, when damages are awarded, each accountable party is liable for their designated percentage of fault. Trucking companies often resort to attributing blame to any remotely related party as a strategy to evade or minimize their own liability. While this complexifies the case, it also offers injured motorists like you a larger pool of defendants, often translating to a greater number of insurance providers to seek compensation from.
Proficient attorneys with a wealth of experience in 18-wheeler accident cases possess the know-how to navigate these intricacies and optimize your recovery. A lawyer well-versed in handling truck collision cases will meticulously identify every party accountable for the accident and ensure that the necessary evidence for proving liability is effectively gathered.
Moreover, a seasoned attorney will collaborate with industry experts to evaluate the extent of your injuries and guarantee that you receive comprehensive damages. Accurately determining and substantiating the lifelong repercussions of an injury necessitates the expertise of medical professionals and other specialists who comprehend how injuries evolve over a person’s lifetime. Without this level of experience, a liable defendant might not be held fully accountable for the entirety of your damages.
A Legal Expert Handling Truck Accidents Will Compile Evidence for Establishing Fault and Losses
Once you’ve enlisted the services of a truck accident attorney, we will initiate the process of gathering crucial information to develop a comprehensive understanding of the accident and the injuries sustained. This pertinent information primarily revolves around two key aspects: liability and damages.
The term “damages” pertains to legal compensation. In a lawsuit, you possess the right to seek financial reparation for the full extent of the suffering you’ve undergone due to someone else’s wrongful actions. This encompasses both economic damages like medical expenses and lost earnings, as well as non-economic damages such as emotional distress and pain. To accurately evaluate and assign value to these damages, your attorney will require data concerning your injuries, which may encompass medical records, billing statements, employment history, and income loss details. Collaborating with skilled specialists, your lawyer will employ this information to create a damage assessment model, serving as a foundation for negotiations with the liable parties.
Simultaneously, attorneys at The Dashner Law Firm will initiate the process of accumulating evidence to substantiate the claim of liability. Given that a formal lawsuit hasn’t been filed yet, your attorney will need to gather this evidence independently, without assistance from the defendants. They’ll acquire materials such as the police report, the defendant’s FMCSA (Federal Motor Carrier Safety Administration) records, and any prior legal actions involving the defendant. Your attorney will also inspect the vehicles involved in the accident and, if necessary, arrange for an accident reconstruction analysis to gain deeper insight into the accident’s causation.
Armed with this comprehensive body of evidence, your attorney can accurately evaluate the strength of your case, establish a strategy for recovery, and establish a foundation for damages. This forms the basis for engaging in negotiations and achieving a settlement with the trucking company, all without resorting to the formal process of filing a lawsuit. The more effectively your attorney can communicate the aspects of liability and damages to the trucking company, the higher the likelihood of reaching a settlement for your case.
Unsettled Lawsuits May Proceed to Trial
The overwhelming majority of cases are resolved through settlement prior to reaching the trial phase. Nevertheless, there are instances where parties fail to reach a consensus on matters of liability or damages, necessitating the intervention of a judge or jury to ultimately adjudicate the outcome of your lawsuit.
A jury, composed of citizens, is tasked with assessing all pertinent facts and determining who bears responsibility for the accident. It’s imperative to acknowledge that fault can be attributed to multiple parties, and both you and the trucking company (or trucker) may share some degree of accountability for the incident. For example, a jury might conclude that you were using your cell phone when the truck suddenly pulled in front of you, impeding your ability to take evasive action. This could lead to a jury assigning 90% of the fault to the trucking company and 10% to you. It’s worth noting that in accordance with Texas law, this allocation of fault doesn’t absolve the trucking company of its liability for its negligent actions. Instead, the company is responsible for covering 90% of the damages determined by the jury to have resulted from the accident.
Trial proceedings require both artistry and expertise, underscoring the importance of considering trial experience when selecting your truck accident lawyer. Engaging an attorney with a successful history of trial cases offers a substantial advantage throughout the legal process. Other legal professionals are familiar with adept trial attorneys and may be hesitant to go against them in a trial setting. This dynamic often prompts trucking companies to find value in settling the case at the fair and reasonable amount determined by you and your attorney, thus evading the trial scenario.
How The Dashner Law Firm Can Help
At The Dashner Law Firm, our experienced Texas truck accident attorneys are dedicated to handling your claim from start to finish, allowing you to focus on your health and recovery. We can:
- Provide Legal Advice:
- Gather Evidence.
- Identify Liable Parties
- Calculate Damages:
- Negotiate Aggressively
- Powerful Trial Presentation
Acting quickly is crucial in truck accident cases, as time-sensitive evidence can disappear, and defendants may attempt to cover their tracks. Our determined truck accident attorneys waste no time in identifying all potential at-fault parties and exploring every avenue for compensation. We leave no stone unturned to build a compelling case that proves your injuries and losses were the direct result of the truck accident. Our ultimate goal is to fight tirelessly for the maximum possible compensation, ensuring that you receive the justice and financial support you need to move forward with your life.
