Thousands of Texans are injured each year in accidents involving semi-trucks. If you or someone you love has been injured in a semi-truck accident, the skilled legal team at Burwell Nebout Trial Lawyers can help. Our compassionate attorneys know what it’s like to battle legal and insurance issues at a time when you need to focus on your physical and emotional recovery. We’ll work hard to understand the facts of your case and pursue the maximum possible compensation so that you can focus on your recovery.
What are the Basic Steps of a Truck Accident Case?
If you’ve been involved in a semi-truck accident or any type of motor vehicle accident, there are certain steps you can take to maximize your chances of recovering compensation for your damages.
- First, contact an attorney with experience in Texas semi-truck accidents
- Second, seek a comprehensive medical evaluation. Medical care at the scene of an accident often understandably focuses on emergency life-saving measures and immediately apparent injuries. However, some injuries that appear minor or have no symptoms at all can go on to have lifelong consequences, with lifelong medical bills. A comprehensive medical evaluation, even if you feel fine, can detect latent injuries.
- Third, maintain records of all police reports, medical records, vehicle repair bills, witness statements and contact information, photos taken at the scene, etc. Documentation to prove what happened and how it impacted you will be critical in determining fault and calculating damages.
Your attorney will review the specific facts of your case and work to:
- Determine liability for the accident. Texas is a comparative fault state, meaning that even if you are partially to blame for the accident, you may still be able to recover damages.
- Calculate your damages. In Texas, truck crash victims can recover for both economic damages, such as medical expenses and vehicle repair costs, and non-economic damages, such as pain and suffering.
- Deal with insurance companies on your behalf.
- File a claim for compensation.
- Negotiate with the defendant’s attorney(s) to reach a settlement, or
- Prepare to represent you in court if a settlement cannot be reached.
Who is Liable Following an Accident?
Texas liability law is complex. As a modified comparative fault state, if more than one party is at fault for the accident, each party may be responsible for compensating the victim according to its percentage of fault. While many semi-truck accidents may appear to be caused by the actions of the driver, an experienced Texas semi-truck accident attorney will be able to determine whether other parties should also be held liable for your damages.
If a truck driver’s negligence caused or contributed to an accident, a claim can typically be filed against the driver and their insurance company. However, injuries sustained from semi-truck accidents can be devastating, with lifelong physical, emotional, and financial consequences to you and your loved ones. Where the driver and insurance company cannot cover the full extent of your damages, it may make sense to pursue damages from the trucking company.
Trucking companies may be held directly liable when their actions contributed to or caused the accident, or indirectly or vicariously liable simply because a driver is an employee.
Some examples of trucking company liability include:
- Violation of Texas trucking laws and regulations;
- Failure to ensure driver qualifications or perform adequate background checks;
- Negligence in loading or securing cargo; and
- Failure to adequately maintain or inspect vehicles.
Pursuing the maximum compensation for your injuries often depends on your ability to prove liability. It is critical to seek the advice of an experienced Texas semi-truck accident lawyer to review your case and identify the proper parties for your claim.
Can I Sue for Being Hit by a Semi-Truck?
In general, if another person’s negligence caused you injury, you are entitled to compensation from that person or party. However, as with any personal injury situation, your ability to sue depends greatly on the specific facts of your case. Consulting an experienced Texas semi-truck accident lawyer as soon as possible after your accident is a critical first step in determining your way forward.
The type and amount of compensation you can receive after a semi-truck accident depends on many factors, including the cause of the accident, the severity of injury and property damage, and the quality of your legal representation.
Common types of damages you may recover include:
- Current and future medical expenses;
- Lost income;
- Vehicle repair costs;
- Emotional pain and suffering;
- Alternate transportation costs;
- Disability; and
- Wrongful death
The calculation of economic damages, such as medical bills or the costs of repairing your vehicle, is typically straightforward. However, other damages can be more complicated and harder to prove. An experienced Texas accident lawyer can help you quantify the true impact of the semi-truck accident – including not just your immediate bills but your future ability to work, and the physical and emotional pain and suffering you’ve endured – and fight for the maximum possible settlement.
How Long Does It Take to Settle?
The time to settle a semi-truck accident case depends on many factors, including the complexity of the accident, the severity of injuries, and the number of parties involved. In general, settlements take longer to reach with more complicated case facts, a higher damage amount, and a long determination of liability across multiple parties. A complex, high-dollar settlement may take years to reach.
The compassionate accident attorneys at Burwell Nebout Trial Lawyers want to get the compensation you deserve, but on a schedule that supports your financial needs. In some situations, an accelerated but slightly reduced payout is possible. In others, we may be able to settle through alternative dispute options, which can speed the process along. In the face of mounting medical bills or time off work, you may be tempted to take whatever your insurance company offers – it is in your best interest to first seek the advice of an experienced accident lawyer to review your rights and options and understand the true compensation that may be possible.
Contact a Truck Accident Attorney Today
If you or a loved one has been injured in a semi-truck accident, the skilled legal team at Burwell Nebout Trial Lawyers can help. For 50 years, we have provided a full range of legal services to injury clients throughout Texas, including Galveston, Clear Lake, League City, Friendswood, and the Greater Houston area. Contact us today for a free and confidential consultation about your case.