Commercial vehicle accidents happen every day and are an unfortunate part of traveling. There are many commercial vehicles on the road, and driving conditions, among many other factors, lead to serious accidents. According to the Texas Department of Transportation, more than 256,000 people were injured in motor vehicle accidents in Texas in 2019 and more than 39,000 traffic accidents. With such high numbers of accidents and injuries, there are many victims suffering from short and long-term impacts from the collisions they were involved in. Fortunately, you can take action to obtain financial recovery for medical bills and other expenses that resulted from the accident.
If you or a loved one were injured in an accident caused by a commercial vehicle, you might be able to take legal action. Discuss your case with a commercial vehicle accident lawyer serving Denton, TX to see what your legal options are. You can call D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
Many factors can influence who is liable for your commercial vehicle accident. If the commercial driver caused the accident through negligent actions, their company or their company’s insurance policy would likely be responsible for your injuries. If something out of either driver’s control caused the accident, then you might look to another party for financial recovery.
Companies that own and operate commercial vehicles are responsible for their use, including the damages that the vehicles cause. However, when a part of a vehicle malfunctions due to a design flaw, you might be able to seek recovery from the designer or manufacturer.
Statute of Limitations
The statute of limitations is the law that sets a deadline for you to file your lawsuit.
Under Texas law, you have two years from the date of your injury to file your lawsuit. The time for the statute of limitations starts the day of the accident. This time passes quickly, and an attorney needs time to investigate your case and to prepare to file a lawsuit. This process could be delayed if you take months to begin speaking with an attorney. If you want to avoid issues, reach out to the office of a commercial vehicle accident lawyer serving Denton, TX as soon as possible to discuss your legal options.
Settlement vs. Trial
There are two common ways that civil lawsuits can end: by a settlement agreement or by trial. The intention is for your lawsuit to go to trial where a judge or jury will render a verdict in your favor. If the judge or jury renders a verdict in your favor, you will be able to recover financially. Settlement agreements have become more common because of the potential benefits to both parties.
A settlement agreement can help you resolve a lawsuit faster so that you can recover and address your financial issues sooner. A settlement agreement also removes the uncertainty of whether you will prevail at trial. However, you will likely have to negotiate the settlement amount.
Both parties can negotiate, so the opposing party will likely try to reduce the amount that they pay as much as possible. You are not obligated to accept a settlement agreement, and you can work with your lawyer to negotiate that agreement as much as you feel necessary before you accept it.
Before you finalize a settlement, make sure that the amount you receive is enough to cover all of your financial obligations. This includes long-term financial obligations related to your recovery. If you have severe injuries, like a brain injury or a disability, your finances will be impacted for a long time due to your inability to work and medical expenses.
It is important to make sure that your settlement will adequately address these problems because once you enter into a settlement agreement, you agree to release your claims and will no longer be able to take legal action.
Seeking Financial Recovery
One of the goals of filing your lawsuit is to be awarded a verdict in Court or obtaining a recovery through a settlement to help pay for your medical expenses. To do this, your lawyer includes claims for your expenses in your lawsuit. All of your expenses can be claimed as long as you can prove that they are related to your injury and recovery. These damages are supported by medical bills, medical records, police statements, witness statements, and other pieces of evidence.
There are several types of damages that you can seek recovery for in your lawsuit. Medical expenses are involved in nearly every accident lawsuit. Property damage is another common set of claims, which include the damage to your vehicle and any other property that was damaged or destroyed in the accident. If you missed work for a period of time, you can also claim the wages that you lost in your lawsuit.
There are other types of damages you can claim that are not based on monetary losses. These non-economic claims are used to address the mental and emotional aspects of your injuries. For example, an accident that has caused severe emotional or mental impact on the injured may qualify them for jury awards to address the pain and suffering they experienced.
Alternatively, if the judge or jury determines that the actions of the responsible party deserve an additional punishment, punitive damages can be awarded in the verdict as a means of punishing the responsible party. Both of these types of financial recovery are not based on fixed expenses, so judges and juries have to use other methods for determining how much to award for them.
Contact Us Today
If you or a loved one were injured in a commercial vehicle accident, you might be entitled to file a lawsuit to help with your recovery costs. To find out if you have a viable case, contact the office of a commercial vehicle accident lawyer serving Denton, TX to discuss your case. You can call D. Miller & Associates, PLLC™ at (713) 850-8600 to schedule a free case evaluation with our team.