According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 5,000 trucks were involved in fatal accidents in 2017. The number of accidents involving tractor-trailers is steadily increasing for a variety of reasons. Getting into a tractor-trailer accident can be devastating, resulting in the destruction of the vehicle and serious injuries. This makes the recovery process difficult as there are many expenses that you may have to deal with. Very few people have the resources set aside to fully and quickly recover from such an accident. Fortunately, you may be able to take legal action to help with your recovery.
Since you were injured in an accident with a tractor-trailer, you may be able to take legal action. Consider working with a tractor-trailer accident lawyer serving Brookshire, TX. Call the offices of D. Miller & Associates, PLLC™ at (713) 850-8600 for a consultation with our team.
When your lawyer begins the process of building your case, one of the first things he or she will look at is liability. You need to file the case against the person or entity that is liable for your accident. This will be whoever is responsible for the tractor-trailer that caused the accident. The driver will most likely be included, but liability can extend to the company that the driver works for as well.
For a company to be held liable in an accident, you usually need to prove some type of negligence on the driver or the company. For example, companies that own and operate trucks are responsible for maintenance. If a truck is poorly maintained and causes an accident, the company that owned the truck may be held liable for any damages that are caused. Your lawyer can determine liability at the beginning of the case and file the lawsuit accordingly.
Settlement vs. Trial
Since tractor-trailers are almost exclusively used for work operations, your lawsuit will probably include the company that owns and operates the truck. This means that an insurance company will also be involved in since most companies have some form of liability insurance.
When the insurance company steps in to handle the case, there is a chance that it will make you a settlement offer. You could accept a settlement offer, which will end your lawsuit before it goes to trial; however, you are not obligated to accept the settlement offer. Instead, you can have your lawyer renegotiate it to make sure that it covers all of your needs.
If you decide not to accept a settlement offer, then your case will continue on to trial. A judge will oversee the process and a jury will decide how much you receive in compensation based on several factors. This process can take a long time since most court systems have a backlog of cases.
This is one of the reasons why accident victims accept settlement offers. It is a much faster way of resolving their lawsuits without having to wait to go to trial. Before you accept a settlement offer, discuss it with your lawyer to make sure that it is in your best interest to do so.
Statute of Limitations
They can be a difficult decision to decide if you are going to take legal action or not. Many accident victims want to take time to think about it, which is a good idea. However, it is important to be aware that there is a time limit to how long you have to file your lawsuit. It is called the statute of limitations.
According to Texas law, you have two years from the date of the accident to file claims for property damage and personal injuries. If you take too long to decide if you are going to take legal action or not, you may miss your opportunity to do so.
The easiest way to make sure that this does not happen is to contact a lawyer about your case as soon as you are able to. Speaking to a law firm does not create an obligation to follow through with the case, and you may find out more information about your legal options that makes your decision easier.
Tractor-trailers are large vehicles capable of creating an immense amount of damage to smaller vehicles. Some passenger vehicles face significant damages as a result of the accident. Unfortunately, this also can impact the drivers and passengers in other vehicles struck by the tractor-trailer. In a portion of these cases, the victims of the accident may not survive.
This can have a lasting impact on the family of the loved one killed in the accident. For this reason, you can file a lawsuit on your loved one’s behalf if they are killed in a wrongful death case. Typically, it is the surviving spouse, parent, or child that files the civil case against the responsible party in an effort to hold them accountable and to take care of a loved one’s final needs. If you have any questions about whether you can file a civil lawsuit after a loved one died in a tractor-trailer accident, you should speak with a personal injury lawyer.
Contact Us Today
Recovering from a tractor-trailer accident can be a long process that is made more difficult because of the high expenses related to your recovery. Rather than suffering through the financial impact of your accident for years, you can take legal action to help get your life in order.
Begin the process by discussing your case to see what a tractor-trailer accident lawyer serving Brookshire, TX, can do to help. Call the offices of D. Miller & Associates, PLLC™ at (713) 850-8600 for a consultation about your legal options.
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