How Do Truck Accident Lawsuits Work?
Truck accident lawsuits can be complex legal matters with many factors at play. If you are considering filing a truck accident lawsuit, you should know how these types of lawsuits typically work.
Being hit by a truck can be an overwhelming and scary experience, especially if you or a passenger suffered injuries as a result of the accident. Once you’ve gotten to safety and have received medical treatment if necessary, you can decide if you would like to file a truck accident lawsuit. The Texas statute of limitations for filing personal injury claims is generally two years from the date of the incident, with few exceptions, so if you would like to press charges, do so as soon as possible.
The Houston truck accident lawyers from Grimes & Fertitta are here to explain how truck accident lawsuits work and how you can go about filing one to get the compensation that you deserve.
Step 1: Establishing liability
Who is liable in a crash with a commercial motor vehicle? One of the most important factors in a truck accident lawsuit is determining who is at fault. Texas is an at-fault state, meaning whoever was responsible for the accident will be held responsible for paying the damages. In order to prove that the truck driver caused the accident, your attorney must gather evidence. This evidence can include:
- Eyewitness testimonies
- Photos of the vehicles, the scene, and if applicable, your injuries
- Receipts of medical care received after the accident
- Police reports from the scene
If the evidence is sufficient, the truck driver, along with other parties including their employer, truck manufacturer, or the insurance companies that represent them could be liable due to negligence. Truck drivers have a duty to ensure that they are driving in a reasonable manner and abiding by laws and road rules. If the truck driver was driving in a way that put others in danger, they will be held responsible for any damages.
Keep reading: What causes a truck to jackknife?
Step 2: Hiring legal representation
When filing a truck accident lawsuit, you’re not just dealing with the truck driver — you are also dealing with their employer and the insurance companies that represent them. Insurance companies will try their best to make you agree to a low settlement offer as soon as possible to push the situation under the rug. If an insurance adjuster does try to contact you, DO NOT SPEAK TO THEM! Contact a personal injury attorney that you can trust as soon as possible.
Hiring an attorney for a car accident should be a top priority if you’re thinking of filing a claim against a truck driver. It can be tempting to hire just any attorney that you see on a billboard, but believe us when we say, who you hire to represent you matters. We have curated a list of questions to ask a personal injury lawyer to ensure that you’re hiring someone with the right credibility and experience that can help you to win your case.
If you need a trustworthy truck accident attorney in Texas, look no further than Grimes & Fertitta. As former insurance lawyers, we are uniquely qualified to help our clients navigate complicated negotiations with insurance adjusters and trucking companies so that they can get the compensation that they deserve.
Step 3: Compensation in a truck accident lawsuit
Unfortunately, vehicle accidents are expensive matters. Whether you have to pay to fix your vehicle or shell out for hefty medical bills, you shouldn’t have to face heavy fines for an accident that you did not cause!
In a truck accident lawsuit, you may be entitled to the following damages:
- Medical bills and hospital care
- Physical or psychological therapy
- Property damage
- Lost wages (past, present, and future)
- Pain and suffering and other emotional damages
- Wrongful death
- And more
The severity of your property damage and injuries (physical and mental) will determine how much financial compensation you could obtain in the lawsuit. For example, a back injury settlement will usually look different from a mental anguish settlement, but both are worth exploring. You may even need the services of a Houston brain injury attorney to help you negotiate a proper settlement amount so that you and your loved ones can be financially cared for while you recover.
If you have sustained any severe injuries as a result of a truck accident, consulting with an attorney who specializes in catastrophic injuries can help you build a stronger case.
Truck Accident Lawsuits: Hire a Trusted Attorney from Grimes & Fertitta to Help You
Truck accident lawsuits are never easy on the victims or their loved ones. They are often incredibly stressful for everyone involved, but you do not have to go through this alone. Hiring an attorney to help you navigate the legal process of a truck accident lawsuit can help take the weight off of your shoulders while you focus on recovering from the aftermath of the accident. You deserve justice, and the Houston truck accident lawyers from Grimes & Fertitta are here to help you get it.
You should not have to pay for another party’s negligence. If you were hit by a truck driver and are considering filing a truck accident lawsuit, call us today at 713-224-7644 or contact us online for a free consultation.
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