When a truck driver acts in a negligent way and it causes an injury accident in Texas, the victims can hold the truck driver and their employer responsible for any damages. These include medical bills, property damage, and even pain and suffering.
The truck accident team at D. Miller & Associates, PLLC™ can help you act after suffering an injury in a truck accident. We offer free case evaluations and can help you file an insurance claim or a personal injury lawsuit that holds the liable parties accountable. We may be able to secure the financial recovery you need and deserve after a truck accident.
The Damages Available from a Baytown Truck Accident Claim
If you can show a truck driver caused your crash and the resulting injuries, you can file an insurance claim to collect the economic and non-economic damages you suffered. We can handle this process for you, fully investigating your accident and ensuring we document every possible loss or expense stemming from the crash.
Often, understanding the value of a client’s damages requires us to collect:
- Medical bills;
- Bills or receipts from rehabilitation or physical therapy;
- Expert opinions on the cost of ongoing or future care needs;
- Documentation of lost wages;
- Estimates of future lost wages and lost benefits;
- Estimates or receipts for vehicle repairs or replacement;
- Receipts from any out-of-pocket costs;
- Medical records to show the significant nature of any injuries; and
- Evidence to demonstrate the client’s pain and suffering.
We do not recommend you try to handle your claim on your own. Even if you decide you want to take this course of action, you should talk to an attorney familiar with this type of case before you sign a settlement agreement or accept a check. We can often help accident victims get thousands of dollars in damages they would have left on the table without letting us look over their case.
Identifying the Liable Party After a Truck Accident
It is sometimes complicated to identify the liable party after a crash. This is true even in cases where it is fairly obvious the truck driver acted negligently and caused the accident. Sometimes the driver is liable, but in other cases, the financially responsible party is the owner of the truck or the driver’s employer. We can help you understand who is liable for your injuries and file an insurance claim against the appropriate party.
Some common possibilities include:
- The corporation is liable if a driver operates an 18-wheeler for a corporation;
- The owner of a privately owned carrier is liable for the actions of the driver;
- The driver’s employer is liable when a driver causes an accident in a work truck or van; and
- The driver or a rental company may be liable when the accident involves a rented box truck.
- A cargo-loading company whose employees loaded a truck improperly.
- A truck mechanic can be liable for failing to fix a part of the truck that contributed to the truck malfunctioning, causing an accident.
- A truck manufacturer may be liable if it is discovered that a defective part caused the accident.
Identifying the liable party after a truck accident often comes down to the legal doctrine of vicarious liability. This doctrine holds the employer responsible for the actions of employees while they are on the clock and acting in the interests of the company. This includes truck drivers operating any type of truck or tractor trailer. We can help you hold the driver’s employer responsible after an accident with a dump truck, wrecker, work van, or another commercial vehicle.
Building a Case Against the Trucking Company, Driver, or Another Liable Party
After we agree to handle a truck accident case, we launch a full investigation into the crash to help us understand exactly what happened, who caused it, and how you suffered damages from it. This takes significant time and resources. During the course of the investigation, we will take actions like:
- Obtaining copies of the police report, your medical records, and other documentation related to the accident;
- Visiting and documenting the scene of the accident;
- Identifying, contacting, and interviewing witnesses;
- Contracting with accident reconstruction specialists and other experts;
- Issuing a spoliation letter to preserve evidence the trucking company holds;
- Analyzing all possible evidence and putting together a solid case; and
- Collecting all documentation of your damages.
Truck accident claims may take longer to investigate and require more complicated legal paperwork simply because there is usually a lot of evidence. State and federal laws require that trucking companies and other commercial operations keep strict records about vehicles and drivers. Some of the evidence we may need to collect from the truck operator includes:
- Driver rest logs
- Truck maintenance logs
- Post-accident drug and alcohol testing results
- Onboard computer data
- Dash cam video, if available
This evidence can prove vital to proving the driver acted negligently and caused your accident. It is often a key part of these cases and can help us achieve the financial recovery you deserve.
Working with the Insurance Company
We can file your claim for you as it is our job to manage communications with all involved parties and protect your rights. We are familiar with insurance companies’ tactics to downplay injuries and devalue claims. We don’t want you to endure more stress when you’ve suffered enough.
We may need to negotiate with the claims adjuster, as the first offer usually does not adequately cover all your losses. In most cases, we can get the insurance company to offer a fair settlement without needing to litigate your case. If it is necessary, though, we are not afraid to file a lawsuit against the company. There is no corporation too large for us to fight.
Make sure you seek medical attention directly after your accident. If your records show that you waited to see a doctor, the insurance company could argue that your injuries came from another accident, leading them to possibly denying your claim. No matter the circumstances, we will fight to prove that you deserve recovery.
Connect with a Truck Accident Lawyer Serving Baytown Today
Most trucking companies and other large corporations have huge liability insurance policies that can cover your accident-related damages. However, this does not mean it will be easy for you to get the recovery you deserve. The trucking company may have an entire team of corporate lawyers on its side, fighting to keep you from getting a settlement or court award that covers your damages.
This is just one reason why we recommend giving us a call as soon as possible after a crash. If you are in the hospital, have a family member call us. We can go to work for you immediately and handle all aspects of your case. There is no reason to try to navigate the claims process while still recovering from your injuries.
Contact Our Team for Your Free Case Evaluation Now
Talk to a compassionate team member from D. Miller & Associates, PLLC™ today at (713) 850-8600. We want to hear about what happened and inform you of your options. During this call, you will learn if you have a valid claim.
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