Every year in the United States, commercial motor vehicle (CMV) accidents result in thousands of fatalities and many more injuries. The Federal Motor Carrier Safety Administration (FMCSA) states that of the over 37,000 traffic fatalities in 2017, 5,005, or more than 1 in 10, involved CMVs. This represents an 8% increase from the previous year.
If you or someone you love suffered severe or fatal injuries in Coryell County, a commercial vehicle accident lawyer serving Copperas Cove, TX can help you seek financial recovery. Contact D. Miller & Associates, PLLC™ today at (713) 850-8600 to speak with our legal team about your case.
Commercial Vehicle Accidents Often Result in Serious and Fatal Injuries
Large trucks and buses have features that often provide enhanced safety for their passengers but present inherent dangers to others on the road around them. In fact, the National Highway Traffic Safety Administration (NHTSA) notes that, as the most regulated vehicles on the road, children travel more safely in school buses than by any other mode of transportation. Thankfully, accidents involving school buses typically lead to few injuries for their occupants. However, they can have disastrous results for those in other vehicles.
Like buses, trucks have a larger build that can cause serious damage and bodily harm in collisions. According to the Insurance Institute for Highway Safety (IIHS), large trucks have many features that make them more dangerous on the road. This includes increased braking distance, higher weight than smaller vehicles, and an elevated ground clearance, which can allow vehicles to slide underneath in the event of an accident.
In 2018, occupants of passenger vehicles accounted for 96% of the fatalities that occurred in the U.S. as a result of motor vehicle accidents involving a large truck and a passenger vehicle. If you lost a loved one or suffered injuries in a commercial motor vehicle accident in Coryell County, an attorney can help you hold the liable driver responsible for the harm they caused. Contact the legal team at D. Miller & Associates, PLLC™, and we will respond as soon as possible to discuss your case with you.
A Commercial Vehicle Accident Lawyer in Copperas Cove, TX Can Help You Establish Liability in Your Case
In Texas, the driver who causes an accident that results in injuries must provide the victims with recovery for related financial losses. However, proving liability in your case on your own can present a challenge, as police, insurance agencies, and lawyers often launch their own investigations into the case right away to determine fault, and they do not always agree on who holds responsibility for the collision. A lawyer can help you by investigating your case for you and gathering information to prove negligence.
Proving Negligence
In order to hold the driver who caused your accident accountable for your injuries, you must prove that their actions or failure to act constituted legal negligence, which consists of four criteria.
- The driver must have had a duty of care to act within reason in an effort to protect your safety, such as by obeying traffic laws.
- The driver must have breached their duty of care to you either through a malicious act, an act of negligence or by omission.
- The driver’s breach of duty must have led to your injuries or the loss of your loved one.
- Your injuries or the loss of your loved one must have left you with significant damages.
A commercial vehicle accident lawyer serving Copperas Cove, TX can help you prove negligence in your case so that you can move forward with your commercial motor vehicle collision claim.
Evidence that May Support Your Case
Certain types of evidence from the scene of the accident and those involved with your case may support your claim. Documentation, statements, and other items that may help prove negligence include:
- Police reports
- Videos and photos from the scene
- Photos of your injuries
- Medical records and bills
- Eyewitness testimony
- Cell phone records
- Field sobriety tests
- Black box information
An attorney can assist you in collecting the evidence that may help you achieve financial recovery in your case.
Fighting Back Against Insurance Companies
The auto insurance company of the negligent driver who caused your accident typically provides financial recovery for your medical care, lost wages, property damage, pain and suffering, and other types of damages that you may incur as a result of the collision. However, despite the fact that liability policies exist to benefit victims, insurance companies often try to reject claims or blame the victim in an effort to make a profit.
Lawyers know the tactics insurance companies often use to try to intimidate the victim into accepting insufficient financial recovery for their injuries. If an insurance adjuster attempts to contact you and offer you a settlement right away, know that while you may feel tempted to accept it during your difficult time, you will likely end up with less than what you deserve. A lawyer can handle all communication with the insurance company on your behalf and fight for fair recovery in your case.
Statute of Limitations
Texas law requires those who would like to file a lawsuit for personal injury or wrongful death do so within two years of the incident. Failure to file within this timeframe risks your ability to obtain financial recovery. However, there may be exceptions to the statute of limitations based on your case circumstances.
Contact D. Miller & Associates, PLLC™ Today to Get Started on Your Case
If you have suffered injuries or lost a loved one as the result of a commercial vehicle accident in the Copperas Cove, TX area, you do not have to manage your case on your own. A lawyer at D. Miller & Associates, PLLC™ can help by getting to know your case, gathering evidence to support your claim, and advocating for financial recovery for you. Contact our legal team today at (713) 850-8600 to discuss your case with us.
