As the population grows in Texas, so does the demand for more commercial goods, food, and products. These all require large trucks to bring them into the state.
As the trucking industry grows, more drivers and vehicles are on the road. Texas and U.S. economies continue to thrive but at a price. More large trucks on the road mean more congestion and traffic, and a greater risk of an accident.
In fact, in 2017 alone, there were 35,635 commercial vehicles involved in accidents throughout the state, as reported by the Texas Department of Transportation – a number that could very well increase in the future.
Truck accidents not only lead to expenses in terms of property damage, but they can also result in injuries that are fatal or life-changing. At the law offices of Flores, Tawney & Acosta, P.C., our Texas truck accident lawyers are passionate about representing those who have been harmed in a truck accident.
Types of Damages in a Truck Accident Claim
Truck accidents often leave those within the smaller passenger vehicle involved with life-altering harm. Our lawyers understand the range and the severity of damages that you can suffer in a truck accident. We will work hard to ensure that you get compensation for the full extent of your losses. Common damages that our lawyers see in truck accident claims include:
Disability and disfigurement
The injuries that a person suffers in a truck accident can be positively horrific. Some of the most severe injuries include amputation injuries, spinal cord injuries, and traumatic brain injuries. These can leave a person with permanent disability, as well as potential disfigurement.
Injuries not only inhibit one’s ability and future opportunities; they are also very expensive to treat. Even if you have only suffered minor injuries, it is doubtful that your healthcare expenses will be “minor.” Healthcare services in the United States cost tens of thousands of dollars. If you stayed in the hospital, underwent surgery, or required other procedures and treatment, you may be looking at hundreds of thousands in medical expenses.
Loss of physical and cognitive abilities
Some injuries never fully heal. This can leave a person with a loss of physical abilities or/and cognitive abilities. Not only can this impair one’s day-to-day activities, but it can also serve as a barrier to working in the future and earning an income. Our lawyers will advocate for your right to compensation for the full extent of your lost wages and future lost wages.
Loss of enjoyment of life
Injuries, especially those that do not heal fully with time, often lead to a loss of enjoyment of life. While this is intangible and more difficult to calculate as such, you certainly deserve compensation.
Property damages expenses
Finally, if you are hit by a large truck, this will probably total your vehicle. This means that you have likely suffered thousands of dollars in property damage expenses in addition to your other losses.
How Does Insurance Work in Texas?
In order to recover the full value of the damages listed above, you will need to file a claim against the appropriate insurance party (while it is possible to file a lawsuit directly against the at-fault party, typically, damages are paid by an insurance company; most people cannot afford to pay personal injury claim damages out-of-pocket).
The state of Texas maintains an at-fault system of insurance, which holds that those who cause accidents are responsible for paying for them. If the truck accident you were in was due to the negligent actions of the truck driver or the trucking company, then you will file a claim against the trucking company’s insurance. If the cause of the accident was a third-party driver, then file a claim against this party’s insurance.
Of course, sometimes, other third-parties (besides drivers) are to blame. This includes a shipper or loader of cargo or a vehicle part manufacturer. Our lawyers can assess your claim and help you to determine who should be held liable.
Proving Fault and Damages
It is not enough to merely file a claim against the at-fault party’s insurer; you must be able to prove that the negligence of the at-fault party was the proximate cause of your injuries. Our lawyers can help you to gather the evidence to do this, including:
● Truck ‘black box’ data;
● Driver’s logs;
● Truck maintenance and inspection reports;
● Eyewitnesses’ testimonies;
● Photograph evidence;
● Police reports; and
Negotiating a Truck Accident Settlement
Once you file a claim against the at-fault party’s insurer, the insurance company will either reject your claim or offer you a settlement. Before you accept a settlement offer, know that first-time settlement offers are usually low.
It is very important that you ask a skilled personal injury lawyer to review your settlement on your behalf first. If the offer is lower than you think that you deserve, you have the right to reject the settlement. You can then negotiate for a higher compensation award. A truck accident lawyer can also file a lawsuit and litigate your case if a settlement cannot be reached.
Truck Accident Statute of Limitations
Another reason to work with an attorney is so that you have a more developed understanding of the law and the various requirements associated with filing a truck accident claim.
One important element is the state’s statute of limitations. This is the limit on the amount of time you have to pursue damages. Per Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your truck accident to file a claim; if you wait longer than two years, you will forfeit your right to damages.
Call Our Texas Truck Accident Law Firm Today
Our Texas truck accident lawyers at the law firm of Flores, Tawney & Acosta, P.C. are here to provide you with representation and support. We have the experience you’re looking for, and a track record of success. Please reach us today for your free consultation to get started.