When you drive on the road, you expect that other drivers, particularly those of large trucks, will exercise caution and do everything within reason to protect your safety. However, driver error can account for some accidents, and trucks may carry an increased risk of severe injury.
If you have suffered injuries or lost a family member in a semi truck accident in Harris County, a tractor trailer accident lawyer serving Channelview, TX, with D. Miller & Associates, PLLC™ can help you pursue financial recovery.
Forms of Financial Recovery You Can Pursue After a Truck Collision
Tractor trailer accidents can lead to devastating property damage and severe injuries. It shouldn’t be your responsibility to cover all these expenses, especially when the accident was not your fault.
When you file your case against the liable party, you may request reimbursement for the following losses:
- Past and expected healthcare costs: Starting from the ambulance ride to your last follow-up appointments with your physician
- Loss of wages: If your injuries and treatment kept you from going to work
- Loss of future earning potential: For the change in jobs or your inability to continue to make a living after the accident
- Property damage: For the repair or replacement costs of your vehicle
- Pain and suffering: If your injuries caused a lot of pain, discomfort, and/or inconvenience
- Scarring and disfigurement: If your injuries permanently or temporarily made a change to the way you move and look
- Mental anguish: For the mental distress the accident has caused you
If your loved one passed away from their accident-related injuries, you have the option to seek financial recovery for their end-of-life medical expenses and funeral and burial arrangements, as well as your own loss of companionship and support.
Types of Evidence Used to Prove Liability in a Tractor Trailer Accident Case
Before you file a personal injury or wrongful death lawsuit against the at-fault party in a truck collision case, you must first prove that the other driver’s actions constitute legal negligence. A tractor trailer accident lawyer serving Channelview, TX, at our law firm can help you demonstrate this negligence by gathering evidence that demonstrates the other party’s negligence or recklessness.
Some types of evidence they may collect to help you build your case include:
- Photos and videos from the scene, especially of debris and skid marks
- Photos of injuries and property damage
- Eyewitness testimonies
- Medical records and bills
- Cell phone records
- Police reports
- The truck driver’s logbook
- Black box information
The evidence your attorney collects depends on the circumstances of the case, but they will seek out as many resources as possible to help establish liability.
To do so, they will demonstrate that the driver (or another liable party) had a duty of care to maintain your safety on the road, they breached that duty of care either through a reckless action or by failing to act, their breach of care caused your injuries or the loss of your loved one, and your injuries or the loss of your loved one resulted in significant damages.
Handling the Insurance Companies Following an Accident in Channelview
Throughout your legal case, your truck accident attorney will communicate with all those involved, including:
- The insurance companies
- The other party’s legal team
- The police
- Your medical team
The insurance company, specifically, is known for trying to get in contact with you so that you will give a recorded statement. It is best to decline and refer them to your lawyer because the insurer might try to twist your words to use for their own benefit. Our lawyers know how to work around these tactics and can manage all emails and calls with these parties.
Once we have collected evidence of negligence, your lawyer can present your case to the insurer and request an amount for financial recovery. We will negotiate with them until we can agree on a settlement that sufficiently reimburses you for your losses.
The Statute of Limitations on Tractor Trailer Accident Lawsuits in Texas
Victims of large truck accidents and their families may have a right to file a lawsuit to seek financial recovery for their damages, but the state of Texas has a statute of limitations regarding how long an individual has following the accident to pursue legal action.
Under Texas law, the victim has up to two years from the date of the accident to file a personal injury lawsuit. If the victim suffered fatal injuries, their family members also have up to two years from the date of the victim’s death to file a wrongful death lawsuit. However, filing your lawsuit right away may help you determine any exceptions to these rules and avoid preventable delays in the legal process.
Causes of Tractor Trailer Accidents
In some instances, a driver’s negligent behavior leads to tractor trailer accidents. These collisions can occur in a number of ways and for different reasons, and while certain inevitable factors like weather can contribute, drivers have a responsibility to respond to conditions and adjust their driving behaviors accordingly.
Some instances of driver error that led to urban accidents are:
- Backing up unsafely
- Using a cell phone while driving
- Improper lane usage
- Failure to maintain the vehicle’s safety features, such as lights
- Failure to yield
- Failure to secure load
- Driving under the influence of drugs or alcohol
According to the Insurance Institute for Highway Safety (IIHS), driver fatigue plays a particularly impactful role in tractor trailer accidents. Because of their work, truck drivers are always on the road and can get very little sleep. Their lack of sleep and the disruption of their normal sleep patterns increase fatigue and double their risk of an accident.
If a truck driver who fell asleep at the wheel caused the collision that led to your injuries, one of our tractor trailer accident lawyers serving Channelview, TX, can help you with your case.
Tractor Trailers Have Inherent Dangers
All motor vehicle accidents have the potential to cause harm, but the massive nature of large trucks can make them especially dangerous in the event of a collision, especially for those in other vehicles, on bicycles or motorcycles, or on foot. The IIHS points out some of the major safety concerns involving semi trucks.
- Weight: At more than 10,000 pounds, trucks typically weigh 20 to 30 times more than a passenger car.
- High ground clearance: Cars can slip underneath in an accident, which often results in injuries and fatalities.
- Longer braking time: Trucks require longer braking distances to stop safely, which can lead to accidents if the driver must slow down right away.
Trying to recover from your injuries or heal from the loss of your loved one presents enough challenges for you to manage; you do not have to manage your legal claim, either.
Our Injury Lawyers Can Help You with Your Tractor Trailer Accident Case
If you or a loved one has suffered serious or fatal injuries as the result of a tractor trailer accident in Channelview, TX, you may struggle with more than physical and emotional challenges. The financial impact caused by accidents can last years, and you do not deserve the responsibility for damages incurred at no fault of your own.
At D. Miller & Associates, PLLC™, one of our tractor-trailer accident lawyers serving Channelview, TX, can help you investigate your case and pursue financial recovery. Call our team today at (713) 850-8600 to discuss your case with us.