Commercial vehicle accidents make up a large portion of the overall number of accidents each year. According to the Texas Department of Transportation (DOT), there have been 1,153 accidents in Cedar Park, TX so far this year. The number of accidents is increasing, and more accident victims are deciding to take legal action to help with their recovery.
Filing a lawsuit after an accident may be in your best interest. Some of the long-term impacts of an accident can change how you live for years. Rather than suffering through these problems alone, you can hold the other party responsible for helping you fix them. To begin the legal process, discuss your case with the office of a commercial vehicle accident lawyer in Cedar Park, TX to see if you have a viable case. Call the office of D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
Determining liability in a commercial vehicle accident case is a bit more difficult than normal cases. This is because there are additional parties that may be held liable for your expenses. In most cases, the other driver will be held liable. However, there are specific instances where the company that owns the vehicle or operates the vehicle may be held liable, as well.
Companies are responsible for the upkeep and use of their vehicles. If they are negligent in taking action to prevent problems, then they assume some level of liability. For example, large commercial trucks require regular maintenance to stay functional. The standard is usually mandated by law. If the company fails to meet the maintenance standards for that vehicle and the vehicle malfunctions, any damages caused by the accident may be applied to the company instead of the driver.
When your lawyer begins building your case, one of the first things he or she will look at his liability. It is a central part of your case since it determines who you can sue. You can only sue the parties that are liable for your damages.
Statute of Limitations
Deciding to take legal action against the person who caused your accident can be a big decision. Many victims want to take their time and think about it before taking action. Many victims also wait until after they have made a substantial recovery from their physical injuries. Unfortunately, waiting too long can impact your ability to take legal action.
In Texas, there is a statute of limitations that limits how long after the accident you have to file your lawsuit. According to Chapter 16 of the Texas Civil Practice and Remedies Code, you have two years from the date of the accident to file personal injury and property damage claims. This is not a lot of time for your lawyer to get your case together. This is especially true if you are like most victims and waited until you made a significant physical recovery to think about your options. Do not lose your opportunity to take legal action by reaching out to a lawyer’s office to start the legal process as soon as possible.
Auto Insurance Settlements
Because you were in an accident with a commercial vehicle, there is a high likelihood that you will be contacted by the other party’s insurance company. Companies carry liability insurance and vehicle insurance in case incidents like this happen. The insurance company will likely offer you a settlement agreement, which is a contract that says you will end your lawsuit and any liability claims in exchange for compensation.
You are not obligated to accept a settlement agreement and can take your case to trial if you feel that is the better option. However, settlement agreements offer benefits for both parties. For you, it means a quicker and to your lawsuit so that you can collect what is owed to you and put it to use during your recovery. Otherwise, you may wait a long time to go to trial since court systems are always backed up with a high number of cases that need to be heard.
Before you make any decisions about settlement agreements, review the agreement with your lawyer to make sure that it meets your needs. In many cases, the early settlement offer does not offer enough to cover all of your needs. Fortunately, your lawyer can help you renegotiate the deal until you are satisfied.
Lost Wages and Other Expenses
After your accident, there is a wide range of expenses that you will have to deal with. Those expenses include:
- Medical expenses: Any medical care you receive can be claimed in the lawsuit.
- Car repair or replacement costs: You can claim the cost of repairing or replacing your vehicle.
- Other property damage: Any other piece of personal property that was damaged in the accident can be claimed in the lawsuit.
- Lost wages: Missing work because of your accident means that you will lose a part of your income. You can claim those lost wages in a lawsuit, as well.
There are other types of expenses that you will have after your accident that are not covered on this list. Filing a lawsuit can help you with these expenses if you win. Discuss your case with a legal representative to make sure that you have a viable case before taking action.
Reasons to Hire a Lawyer
If you are considering filing a lawsuit, it may be in your best interest to hire a lawyer. Many victims are still healing and dealing with other issues while deciding to file a lawsuit. If this is the case, it may be too difficult to manage a legal case while trying to recover. Having a lawyer represent you means that you have some unusual fight to represent your best interest at every stage of the case.
Contact Us Today
If you or a loved one were injured in a commercial vehicle accident, you may be able to take legal action. Start by contacting the office of a commercial vehicle accident lawyer in Cedar Park, TX to see if you have a viable case. You can call the office of D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.