The aftermath of your commercial truck accident has been far more brutal than you ever could have imagined. Between trying to regain as much functionality and mobility as you can after suffering a debilitating injury and trying to figure out how you will cover your outstanding medical expenses and avoid financial ruin, it can quickly feel as though your life will never be the same. However, when you get the right Texas truck accident lawyer working for you, the weight of the world does not need to be on your shoulders alone.
Our Texas truck accident lawyer from the Law Firm of Aaron A. Herbert, P.C. has advocated for thousands of injury victims and accident survivors over the years. In fact, Attorney Aaron A. Herbert is one of the less than 2% of attorneys who are Board Certified in personal injury law by the Texas Board of Legal Specialization, making us uniquely qualified to take on your truck accident claim. When you are ready to hold the liable party accountable for their negligence, do not hesitate to contact us and request a 100% free consultation. Our truck accident lawyers are available 24/7 to better meet your needs.
Understanding the Truck Accident Claims Process
Our truck accident attorneys are here to help you recover maximum compensation for your losses after a collision. We want you to feel empowered and confident as you move through the claims process. Your truck accident attorney with the Law Firm of Aaron A. Herbert, P. C., will be by your side every step of the way.
It is important to note that every person's case is different. What works for one client may not work for another. The type of truck accident you were involved in, the way your collision occurred, and a variety of other factors can all influence the way your case unfolds and the outcome of your settlement. With that in mind, here is a general overview of how the truck accident claims process works in Texas.
After the Accident
Immediately after the accident, you may be experiencing a wide range of emotions. Your physical injuries may be excruciatingly painful, while you may be dazed, confused, and in a state of shock. Our semi-truck accident attorneys can meet you at the accident scene if you contact us as soon as possible after the wreck. However, before calling anyone else, you should notify emergency responders and request law enforcement officials to the accident scene.
When police file a crash report, we can obtain a copy of this report, which can then be used to establish the defendant’s liability for your damages. Your semi-truck accident attorney can request a copy of your accident report online and use the details it contains to help recreate the accident with the assistance of truck accident reconstructionists. While you wait for the police to arrive, you can contact our car accident lawyers to meet you at the hospital or crash scene. This is also a good time to document the property damage by taking photos of the wreck and your injuries.
If you notice witnesses to the accident, request their contact information. We can call on them to testify on your behalf if your accident case goes to trial. It may also be in your best interest to write a detailed account of how the collision occurred as soon as possible after the wreck. This way, you may be able to record details that you might not remember as time goes on.
As soon as emergency responders arrive, get medical attention. This is not something you want to wait on. Your injuries may be far more serious than you initially thought. You may not feel the full impact of your injuries if adrenaline is still coursing through your body. However, once you begin to relax, your body will ultimately succumb to the trauma. For this reason, it is crucial to get medical treatment as soon as possible after the wreck.
Investigating the Wreck
Once you have our tractor-trailer accident lawyers working for you, we will start investigating the cause of the collision. Throughout the course of our investigation, we will be looking for evidence that can establish the defendant’s liability. We need to meet the burden of proof, which is based on a preponderance of the evidence per Tex. Civ. Pract. & Rem. Code § 41.001(2).
Although this may be a lower burden of proof than we see in criminal court, that does not mean it will be easy to establish. The evidence we present must be clear and convincing. It must show the jury that the defendant is more than likely responsible for causing your injuries. For instance, if we can collect data from the 18-wheeler’s black box, we will have valuable insight into how fast the truck was going, whether the trucker was accelerating or decelerating, and other metrics that can help us establish blame for the collision.
Quantifying Damages
We need to determine how much compensation to demand when we file a claim with the insurance company or bring your case to court. This involves a thorough review of the various losses you have experienced as a result of your injuries. You will need to go into detail with your tractor-trailer accident lawyer about the emotional trauma, financial losses, and physical injuries you have experienced in the truck accident.
There are various types of damages that may be recoverable in personal injury lawsuits and truck accident claims. In civil court, you have the right to be made whole. This means you should be fully reimbursed for the losses you experienced as a result of the defendant's negligence. The damages can be categorized as either economic or non-economic.
Economic damages are exclusively financial. All out-of-pocket financial losses, outstanding debts, and other related costs would fall under this category of damages. Some examples of economic losses could include:
- Hospital bills
- Loss of income
- Reduced earning potential
- Increased auto insurance premiums
- The diminished value of your vehicle
- Credit score damage
- Loss of benefits from your employer
- Ambulance bills
- Loss of household services
- Prescription medications
- Rental car expenses
- Medical devices and equipment
- Ongoing treatment
- Transportation expenses
- Personal property damages
There are also non-economic damages. These can be much more challenging to quantify as they are not easily verifiable or proven with financial records or other official documents. The value of any type of non-economic loss is subjective. Two people could be involved in a commercial truck accident and experience varying degrees of pain and suffering based on the type of injuries suffered, how traumatized they were by the wreck, and other factors. Some examples of non-economic damages that could be awarded in a commercial truck accident lawsuit include:
- Loss of consortium
- Pain and suffering
- Permanent disability and skin scarring
- Loss of enjoyment of life
- Emotional distress and mental anguish
- Disfigurement and embarrassment
- Anticipation and fear
- Damage to your reputation
You might also wonder whether punitive damages could be included in your settlement. Your neck and back injuries lawyer will have a better idea as to whether punitive, or exemplary damages, may apply, but according to Tex. Civ. Prac. & Rem. Code § 41.001, the judge can order punitive relief if the defendant's conduct can be considered fraudulent, malicious, or grossly negligent.
Dealing With the Insurer
Once we know how much compensation you should be awarded, your big rig accident attorney can initiate the insurance claims process by filing a claim with the at-fault party's insurance company. We file a claim against the liable party’s insurance policy since Texas is a fault-based insurance state as described by Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act. You can rely on our tractor-trailer attorneys to negotiate with the insurance company on your behalf and protect you from being taken advantage of if the insurance adjuster makes you an insultingly low settlement offer.
Going to Trial
Your tractor-trailer accident attorney will be prepared to bring your case to trial if that's what it takes to get the most out of your claim. Filing an insurance claim may not yield the results you were hoping for. Insurance settlements are dependent on the amounts and types of coverage the policyholder has purchased.
If the truck driver who hit you does not have enough insurance coverage, your settlement may not cover your damages in full. However, when our trucking accident lawyers bring your case to trial, you can maximize your payout. You will not face the same types of restrictions or limitations that come with a truck accident insurance claim filing.
Exploring Cause and Blame in 18-Wheeler Accidents
Your trucking accident lawyer with the Law Firm of Aaron A. Herbert, P.C., will spend a great deal of time exploring the cause and blame for your collision. Our 18-wheeler accident attorneys need to gather compelling evidence and uncover the identities of anyone who might share responsibility for causing your accident. Here is more about some of the most common parties named in commercial truck accident claims:
When to Sue a Truck Driver
More often than not, your 18-wheeler accident lawyer will need to name the truck driver as part of your insurance and civil claims. This is because truckers may be violating Federal Motor Carrier Safety Administration (FMCSA) rules or operating the big rig in an unsafe manner. Our 18-wheeler accident lawyers may be able to pursue legal action if the truck driver caused your collision through:
- Drunk driving
- Distracted driving
- Aggressive driving
- Reckless driving
- Drugged driving
- Drowsy driving
- Negligent driving
When to Sue a Trucking Company
Your 18-wheeler accident attorney will also be looking into whether we can file a claim against the trucking company. Trucking companies should be held accountable for the actions of the truck drivers they hire and the big rigs they send out onto Texas's roadways. If trucking companies force truckers to violate hours of service regulations as described under 49 CFR 395 or fail to perform their due diligence when hiring a truck driver, they may share responsibility for your losses. Our big rig accident lawyers are prepared to make them pay.
When to Sue for Dram Shop Liability
According to Texas dram shop liability laws, your dram shop liability attorney may need to file a claim against a local dram shop if they served or sold alcohol to an already intoxicated drunk truck driver. According to Tex. Alc. Bev. Code § 2.01, dram shops are prohibited from serving or selling alcohol to anyone who is already visibly impaired. Failure to do so leaves the dram shop open to liability for the victim’s damages. Any establishment that serves or sells alcohol could be considered a dram shop under the statute.
When to Sue Liable Third Parties
Your trucking accident attorney may determine that another third party is liable for causing the accident. We see this far more often than you might think. The cause of your accident will help us determine whether another third party could share culpability.
For instance, if road safety hazards prevented the trucker from being able to avoid rear-ending you, our trucking accident attorneys will look into the city of Texas or maybe even the Texas Department of Transportation (TxDOT) to determine whether their negligence contributed to the wreck. If the collision was caused by hazardous or malfunctioning 18-wheeler parts, the safety inspectors, truck drivers, or even big rig maintenance technicians could share responsibility. We will know more after completing our investigation.
Turn To Our Community-Focused Big Rig Accident Attorneys for Help Today
The truck accident may have left you injured, struggling financially, and emotionally battered, but you have an opportunity to overcome the trauma of your experience and take back control of your life. With the legal insight and resources of our semi-truck accident lawyers from the Law Firm of Aaron A. Herbert, P.C., you can demand the at-fault party compensate you for every single loss.
Your semi truck accident lawyer with our firm has successfully recovered millions of dollars in damages across thousands of personal injury lawsuits and jury trials. Let us put our board-certified personal injury trial lawyer to work for you and your family during some of the most difficult times of your life. Fill out our quick contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.