In Texas, you can hold the trucking company liable for the injuries you sustain in a collision a company driver caused. If you suffered injuries in an accident in Beaumont, you may be able to recover damages by filing a third-party liability insurance claim or a personal injury lawsuit.
The lawyers at D. Miller & Associates, PLLC™ offer free case evaluations. We can help you determine the best way to get the funds you need and deserve. We will review the facts of your case, and, if we determine you have a valid claim, we will handle the process for you.
Recoverable Damages in a Beaumont Semi Truck Accident Case
We can secure financial recovery for a wide range of damages, if we can show the truck driver caused your crash. To ensure we understand the full value of your damages, we investigate every case thoroughly.
During this investigation, we identify evidence to support each of your accident-related losses. These losses often include:
- Medical care;
- Future or ongoing care;
- Lost wages;
- Future lost income and benefits;
- Out-of-pocket costs;
- The repair or replacement of your vehicle;
- Pain and suffering damages; and
- Wrongful death damages, if a loved one lost their life in the wreck.
The exact evidence available to prove the value of your damages varies, but some of the most common types of documentation we identify include:
- Copies of bills, including medical bills;
- Receipts for out-of-pocket expenses;
- Documentation from experts about your prognosis and future care costs;
- Estimates or bills for the repair or replacement of your car;
- Receipts documenting any other property damage; and
- Any available documentation of your pain and suffering, including your medical records or journals.
We cannot file an insurance claim or take other action against the trucking company until we have a good idea of the value of your damages. Once we have all of the evidence and can present a solid case for recovery, we can send a demand letter to the insurance company and consider negotiating a fair settlement.
What Can Our Law Firm in Texas Do for You?
D. Miller & Associates, PLLC™ strives to help injured claimants. We keep our clients informed about their options throughout the legal process, so they can make empowered decisions.
We’re ready to support you by:
- Completing the paperwork necessary to begin and close out your case;
- Speaking with the insurance companies on your behalf;
- Determining whether to fight for recovery at the negotiating table or in the courtroom;
- Providing frequent updates so you always know what is going on with your case; and,
- Answering questions over the phone or through Facebook livestreams—whichever is most convenient for you.
We Will Manage All Insurance Dealings on Your Behalf
The trucking company’s insurer will likely prioritize its own interests over yours. To contest your case, it may:
- Ask you to provide a recorded statement about the case;
- Examine any public statements you have made about the accident, including social media posts;
- Refuse to negotiate for a higher settlement; and,
- Sending an insurance adjuster to speak with you before you have recovered from your injuries.
The goal of these tactics is to take advantage of your situation and deny the recovery you deserve. One wrong word on your part could jeopardize your case against the liable party.
Our team will field all calls, emails, and other communications from the liable party. If the insurer tries to contact you, we recommend that you:
- Tell the representatives that you prefer all communication to go through us;
- Provide your lawyer’s contact information;
- Tell us about all insurance-related interactions right away; and,
- Say nothing more to the insurance company (the representative could use your words against you later).
Having one of our semi truck accident lawyers on your side can take a big weight off your shoulders and ensure your rights are always protected.
Liability in an 18-Wheeler and Semi Truck Injury Accident
Semi truck accident cases work somewhat differently than traditional car accident cases, thanks to the legal doctrine of vicarious liability. This doctrine allows us to hold the trucking company liable for the negligent actions an employee took while behind the wheel. This means, instead of filing a third-party liability insurance claim against the individual trucker’s insurance policy, we can file a claim based on the trucking company’s liability policy.
This large corporate liability policy usually has much higher limits than an individual driver would carry. This is especially important if you suffered severe injuries that may require ongoing care, such as a traumatic brain injury.
You Could Hold the Trucking Company Responsible for Your Losses
You could hold a trucking company liable for your losses if:
- The company did not provide the driver with adequate breaks, forcing them to drive while overtired and unable to concentrate.
- The trucking company did not perform background checks on its drivers, allowing those with a history of negligence to get behind the wheel.
- The trucking company violated the Federal Motor Carrier Safety Administration’s guidelines.
Other Liable Parties in Semi Truck Accident Cases
We know that every truck accident is unique. So, after evaluating your case, the trucking company may not bear liability for your losses. Instead, liability could rest with:
- A maintenance team that failed to properly inspect the truck and fix any problems
- A maintenance team that failed to properly fix issues with the roadway (e.g., potholes)
- A truck part manufacturer that allowed its product to go to market, despite knowing about potential risks
- A cargo loading company that improperly loaded the truck, affecting the trucker’s ability to drive safely
We’re committed to recovering damages from each liable party.
Evidence Necessary to Pursue a Texas Semi Truck Accident Claim
To hold the trucking company liable and recover the damages you need, we have to build a solid case. This includes a full investigation of why and how your accident happened. We may also enlist the help of expert witnesses—including engineers, accident reconstruction specialists, and others—to help us understand how the accident occurred.
As a part of the investigation into your collision, we identify a wide range of evidence, including:
- The police report from officers on the scene;
- Witness statements from others who saw the crash;
- Pictures or videos of the accident, the scene, and the vehicles involved;
- Videos of the crash, when available; and,
- Your medical records and other documentation of your injuries and damages.
The trucking company also has evidence we need to obtain and analyze, thanks to strict state and federal laws that require trucking companies and truck drivers to keep meticulous records. This evidence may include:
- The truck driver’s rest logs;
- Data from the truck’s onboard computer;
- Dashcam video of the crash;
- Post-accident drug and alcohol test results, if the driver was intoxicated;
- Truck maintenance records; and,
- Driver training, certification, and performance records.
To gain access to this evidence, we need to send a spoliation letter to the trucking company as quickly as possible. This letter legally obligates the company to preserve the evidence that could support your case.
The Tractor-Trailer Accident Claims Process
Most of these cases never go to court. Instead, they end with the victim and the trucking company’s legal team agreeing to a fair settlement. We begin this process with a demand letter that outlines our case and provides documentation of your losses.
The insurance company usually fires back with a much lower offer, and we begin the settlement negotiation process. This may take some back-and-forth discussion, but we can usually negotiate a fair settlement for our clients.
Rarely, the trucking company will balk at paying a fair settlement, or its insurance company will deny the claim outright. When this happens, we have little choice but to take your case to court. We can file a personal injury lawsuit against the trucking company and ask the judge to award the financial recovery you deserve.
We are not afraid to litigate any case, and no corporation is too big to take on. We can fight for the full amount you deserve in court.
Talk to an 18-Wheeler and Semi Truck Accident Lawyer in Beaumont
At D. Miller & Associates, PLLC™, our semi truck accident attorneys can help you understand your legal options for holding the truck driver and trucking company liable for your injuries. The process of recovering damages through a third-party liability claim or personal injury lawsuit is often complex, but we can stand by your side until we get you the recovery you deserve.
We offer complimentary case evaluations. Call us today to learn more.