Filing A Truck Accident Lawsuit in Texas
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.
Truck Accident FAQs
In many cases, the trucking company’s insurance is responsible for financial damages caused by a truck accident, especially if the truck driver is found to be at fault. However, determining liability and responsibility in truck accidents can be more complex than in standard passenger vehicle collisions. Here’s why:
Employment Relationship: If the truck driver is an employee of the trucking company and was acting within the scope of their employment at the time of the accident, the trucking company (and by extension, their insurance) is typically held liable for damages under the legal doctrine of “respondeat superior” or “vicarious liability.”
Yes, in many jurisdictions, including Texas, if you’ve been involved in a truck accident due to someone else’s negligence, you can typically seek compensation for both your economic and non-economic damages. “Pain and suffering” falls under the category of non-economic damages.
Here’s a closer look at what this means:
Economic Damages: These are the tangible, out-of-pocket expenses you’ve incurred as a result of the accident. They include medical bills, rehabilitation costs, lost wages, property damage, and any other monetary losses directly related to the accident.
Non-Economic Damages: These are intangible damages that don’t have a direct monetary value but represent the physical and emotional distress caused by the accident. “Pain and suffering” is a term used to describe the physical pain and emotional anguish a victim may endure after an accident. It can encompass a wide range of issues, including:
- Physical pain and discomfort
- Emotional and psychological trauma (like anxiety, depression, or PTSD)
- Loss of enjoyment of life or diminished quality of life
- Scarring or permanent physical limitations
A trial lawyer, often referred to as a litigator, plays a crucial role in representing and advocating for clients involved in disputes that may lead to litigation or are already before the courts. Here’s how a trial lawyer can help your case:
Expertise in Legal Procedure: Trial lawyers are well-versed in the intricacies of the legal process. They understand court rules, procedures, and deadlines, ensuring your case proceeds without unnecessary delays or procedural errors.
Evidence Gathering: A trial lawyer will conduct a thorough investigation, gathering evidence from various sources, which may include police reports, witness statements, expert testimonies, medical records, and more.
Legal Strategy Development: Based on the evidence and legal principles, the lawyer will develop a strategy tailored to the specifics of your case, aiming for the best possible outcome.
Representation in Court: If your case goes to trial, your lawyer will present arguments, examine and cross-examine witnesses, and challenge opposing evidence, all to ensure your side of the story is compellingly and accurately presented.
Negotiation Skills: Even when a case is poised for trial, settlements can occur at any stage. An experienced trial lawyer can negotiate with the opposing side, seeking a resolution that aligns with your best interests.
Texas truck accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
Yes, if you are involved in a truck accident and are unsure about who is responsible, it is advisable to consult with a Texas truck accident lawyer. Here are some reasons why:
Expertise in Determining Liability: Truck accident lawyers have the experience and expertise to investigate the circumstances of the accident, gather evidence, and determine potential liability.
Complexity of Truck Accidents: Truck accidents can be more complex than typical car accidents. Multiple parties might be involved, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, or the company responsible for loading the truck.
Dealing with Insurance Companies: Insurance companies often have teams of adjusters and attorneys working to minimize their liability. A truck accident lawyer can advocate on your behalf, ensuring your rights are protected and that you are not taken advantage of.
Potential for Significant Damages: Truck accidents often result in severe injuries or property damage. A lawyer can help ensure you pursue all potential sources of compensation, especially if long-term medical care is needed or there’s a loss of income.
Statute of Limitations: There’s a time limit (known as the statute of limitations) within which you must file a lawsuit after an accident. An attorney can ensure that all necessary actions are taken within this timeframe.
In Texas, the responsibility is determined by a judge or jury. However, many cases are resolved before reaching trial, so the need for a judge or jury to assign responsibility is less frequent. Instead, skilled lawyers utilize the litigation process to negotiate settlements aligned with the case’s specifics. If a settlement isn’t reached, the case proceeds to trial, where responsibility is assigned based on the presented evidence.
Yes, Texas follows the “modified comparative negligence” rule, which can affect compensation in personal injury claims when the injured party is found to be partially at fault for the accident. Here’s how it works:
Proportional Responsibility: If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault and your damages amount to $100,000, you might be eligible to recover $80,000 (which is the total damages minus 20%).
51% Bar Rule: Under Texas law, if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation.
It is advisable to consult with an experienced truck accident attorney, especially in cases involving truck accidents, as they often have unique complexities. An attorney can help protect your rights and maximize your chances of receiving fair compensation.
Yes, if a settlement cannot be reached through negotiations, you have the option to file a lawsuit to pursue your truck accident claim in court. An attorney can help you navigate the legal process.
The time to settle a truck accident claim can vary widely depending on the complexity of the case, negotiations with insurance companies, and potential legal proceedings. Some cases can be resolved quickly, while others may take several months or even years.
You may be eligible to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and more, depending on the circumstances of your case.
Yes, commercial trucks are subject to federal and state regulations, including weight limits, maintenance requirements, and driver qualifications. Violations of these regulations can be important factors in truck accident cases.
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
PERSONAL ATTENTION
Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.