Truck accidents are notorious for causing severe injuries and widespread devastation. Numerous drivers may be injured in such an accident, and victims may be entitled to significant financial compensation. Suing for a truck accident is not easy, and you should begin by hiring an experienced lawyer to help you. When filing a lawsuit for a […] The post Updated Guide to Suing for a Truck Accident in Texas appeared first on Queenan Law.
Truck accidents are notorious for causing severe injuries and widespread devastation. Numerous drivers may be injured in such an accident, and victims may be entitled to significant financial compensation. Suing for a truck accident is not easy, and you should begin by hiring an experienced lawyer to help you.
When filing a lawsuit for a truck accident, your attorney can help you understand your claims. While many plaintiffs claim serious physical injuries, others might only claim damage to their vehicle and other property. Deciding whom to sue is another important consideration. While truckers are often directly responsible for accidents, the trucking company that employs them could also be held liable. Winning your lawsuit is easier said than done, as you must have strong evidence of the defendant’s negligence and a carefully conceived legal strategy.
Begin your case with a free, private review from our Dallas truck accident lawyers by calling The Queenan Law Firm at (817) 476-1797.
Suing for Truck Accidents With and Without Injury
While some people are badly injured in truck accidents, others might be surprisingly unscathed. However, their cars might be badly damaged. In either situation, you may sue.
With Injuries
If you have physical injuries, you can file a personal injury claim. You need immediate medical attention so you can get the treatment you need, and so doctors can begin compiling medical records our Abilene, TX truck accident lawyers can use to prove your injuries in court.
You may bring other claims alongside your claims for physical harm. As such, when serious bodily harm occurs, damages tend to be quite high.
Without Injuries
Even if you are physically unharmed, you may still have a claim for damages and can sue the person responsible for the accident. You may sue for damage to your car and various personal items that were inside. This may be more likely if your car was parked and you were not inside it when it was struck by a truck.
Do You Sue the Driver or Trucking Company After an Accident?
Determining who is responsible for a truck accident can be challenging, and many cases involve multiple defendants.
Trucker
If the truck driver is directly responsible for the accident, which they often are, you can sue them for damages. Trucker negligence often includes traffic violations such as speeding, running red lights, making overly sharp turns, and driving while fatigued. We may need to wait for the authorities to investigate before we can determine exactly how the truck driver caused the accident.
Trucking Business
If our Frisco, TX truck accident lawyers believe the truck driver negligently caused the accident, we might be able to include their employer, the trucking company, in the case. An employer may be held vicariously liable for injuries caused by a negligent employee if the employee was acting within the scope of their job. It is usually a good idea to include trucking companies, as they are often more capable of covering your damages.
What is the Statute of Limitations on Truck Accident Lawsuits?
In Texas, plaintiffs filing personal injury claims have only 2 years to do so after the accident. If this time passes and nothing is filed, you may be barred from ever filing your case, barring very special conditions.
While 2 years might sound like more than enough time, it passes faster than you realize, and many cases can take months or longer just to prepare before filing. It is best to contact an attorney for help as soon as possible after a truck accident.
How to Win Your Truck Accident Lawsuit
Filing your lawsuit is one thing. Winning it is quite another. While success is never guaranteed, having the right evidence, an experienced attorney, and a strong legal strategy may help you win your case and get fair compensation for your injuries.
Evidence Needed
We must have enough evidence to prove the defendant’s negligence by a preponderance of the evidence. Put another way, we must prove it is more likely than not that the defendant negligently caused the truck accident. Exactly what kind of evidence is needed varies from case to case.
Some common examples of evidence in truck accident cases include, but are not limited to, security camera videos, dashcam footage, photos from the accident scene, witness testimony, and records from the trucking company.
Getting a Lawyer
Although civil injury plaintiffs are not legally required to retain attorneys to help them, doing so is usually best. The average personal injury case is complex, and truck accident cases tend to be even more complex, as extensive investigative efforts are often necessary. An experienced lawyer should be able to gather evidence, work with the authorities, and navigate complex legal procedures.
Legal Strategy
Having strong evidence is only half the equation. You and your lawyer should also have a legal strategy that is carefully constructed and tailored to the specific facts of your case. Was the trucker intoxicated? If so, we can highlight this evidence in court. Maybe we believe they fell asleep, or they were woefully unqualified to drive a large truck. These are all strategies that should be considered, depending on the facts of your case.
Where to Find Evidence for a Truck Accident Lawsuit
Evidence in a truck accident may come from multiple sources, and our truck accident lawyers may need to review police reports, witness statements, photos, and other relevant documents to gather the necessary evidence to support your claims.
Photos and Videos
Drivers and passengers involved in auto accidents typically take photos and record videos for insurance purposes. These recordings may preserve valuable information that is lost after the authorities clear away the accident scene. We can present them in court if they depict evidence of the defendant’s negligence. We can also review security camera videos, dashcam footage, and other potential sources of video evidence.
Event Data Recorders
Many large trucks on the road today are equipped with event data recorders, also referred to as black box devices. These devices record numerous data points about the truck, trucker, and what happens on the highway. For example, the black box data might inform us of how fast the trucker was going when they caused the accident and whether they hit the brakes.
Witnesses
Truck accidents often involve numerous drivers and passengers, and there is a good chance that many witnesses can provide testimony about what they saw. Drivers behind you on the road might have seen the entire accident unfold right in front of them. If we can locate them and speak with them, they may be willing to testify in your lawsuit.
Good Settlement Amounts for a Truck Accident in Texas
What makes a good settlement is unique to your case, and you should speak to your attorney about what your claims are worth before beginning settlement negotiations. Generally, a good settlement should cover your economic costs and account for your pain, suffering, and distress.
Injury Settlements
Good injury settlements should cover your medical expenses, both current and future. Truck accidents often result in severe injuries that come with serious medical complications. You might have medical costs that you must pay now, and future costs of treatment you will likely need after your case is complete.
An injury settlement should also take your pain and suffering into consideration. More painful injuries tend to lead to greater distress, which can impact numerous areas of your life. Talk to your attorney about how your life has been disrupted and what kind of compensation your distress is worth.
Damage Only Settlements
Settlements for property damage or injuries other than bodily harm are likely to be smaller, but they may still be substantial, depending on the situation. We should consider vehicle repair costs or the cost of a new vehicle if yours was destroyed. We should also account for the cost of personal belongings that were destroyed in the accident, including phones, laptops, tablets, jewelry, wedding rings, and more. A good settlement should not leave these costs unpaid.
How Do I Begin a Truck Accident Lawsuit in Texas?
To start your lawsuit, contact a qualified lawyer for help. They can help you build your case and develop strong legal strategies while steering your case through the court system.
Draft the Complaint
Your lawsuit begins after we file a formal legal complaint in court. The complaint must contain very specific details about the accident. We must include information about the people involved, your injuries and damages, evidence to back up your claims, and what kind of compensation or relief you want.
While we must include evidence in the complaint, we do not have to include enough evidence to meet our burden of proof. We only must include enough to show that you have a legally valid cause of action.
File with the Appropriate Court
Once the complaint is ready, we must file it with the correct court. Not all civil courts are the same, and we must file the case within a court that has jurisdiction over your case. If we file in the incorrect court, the entire case could be thrown out, and we would have to start over.
Serve Notice to the Defendant
Once the case is filed in the correct court, we must immediately serve the defendant with proper legal notice of the lawsuit. He defendant must have the opportunity to respond to your complaint and file a formal answer. If we do not serve notice or serve notice in a manner that is not legally permissible, the defendant may request that the court dismiss the entire case.
FAQs About Texas Truck Accident Lawsuits
Do I Have to Be Injured to Sue for a Truck Accident in Texas?
You do not have to have an injury to sue for a truck accident. You may sue even if you only suffer vehicle damage.
Who Can I Sue for a Truck Accident?
Generally, truck drivers may be sued if they negligently cause accidents. In many cases, the truck driver’s employer, the trucking company, may also be held responsible.
What Kind of Damages Can I Claim in a Truck Accident Lawsuit?
In a truck accident lawsuit, you may claim damages for various monetary expenses, like medical bills, in addition to non-economic damages for things like mental and emotional distress. In less common cases, you may also claim punitive damages.
How Does Insurance Affect My Truck Accident Lawsuit?
You may file an insurance claim with the trucker’s liability coverage to get compensation. You might also file first-party claims with your own insurance, depending on what kind of coverage you have. If this coverage is insufficient, you may still file a lawsuit.
Do I Need a Lawyer to Sue for a Truck Accident?
While you are not required to have an attorney to file a lawsuit, it is better to have one. Lawsuits are highly complex, and the average person may be unprepared to handle them independently.
What is a Good Settlement for a Truck Accident?
What makes a good settlement may vary from case to case, but good settlements generally should cover economic damages and account for much of your pain and suffering. If a settlement does not seem good to you, you may reject it.
Should I Accept a Settlement for a Truck Accident?
You do not have to accept a settlement. While settlements are common, you are free to reject one and renegotiate a better one or end settlement talks and focus on pursuing a trial.
How Long Do Truck Accident Lawsuits Take?
Many truck accidents take several months or more to complete. More complex cases or those involving more contentious parties may take a year or longer to finish. Accepting a settlement is often faster than a trial, but you should talk about whether to settle with a lawyer.
How Soon After a Truck Accident Lawsuit Should I File a Lawsuit?
You must file your case within the time set by the statute of limitations in Texas, which is only 2 years. The sooner you start, the more time your attorney may have to build your case, and the stronger your claims may be.
Can I Sue if I am Physically Unharmed in a Truck Accident?
Even if you do not suffer any bodily injuries because of the truck accident, you may still sue for the damage to your vehicle and personal belongings. You may also sue if you were not harmed, but a family member was, and they did not survive.
What Kind of Evidence Do I Need for My Truck Accident Lawsuit?
Evidence is unique to each case, so what you need to prove your claims will depend on how your accident occurred and the type of evidence available. Many cases rely on witness testimony, dashcam or security camera videos, and records from the trucking company.
Who Investigates Truck Accidents in Texas?
The police should be called immediately so they can investigate the accident. However, depending on where and how the accident occurred, other officials may investigate, too. We can discuss with investigators what kind of evidence they may have uncovered.
Contact Our Texas Truck Accident lawyers for Help Immediately
Start your case with a free, private evaluation from our Lubbock, TX truck accident attorneys by calling The Queenan Law Firm at (817) 476-1797.
The post Updated Guide to Suing for a Truck Accident in Texas appeared first on Queenan Law.
