Tractor-trailer accidents happen for a variety of reasons, but the number of accidents continues to increase every year according to the Federal Motor Carrier Safety Administration (FMCSA). Tractor-trailers are difficult to drive, and they can be dangerous for other drivers on the road in less than ideal conditions.
If you or a loved one were injured in a tractor-trailer accident, then you likely have a lot of expenses and physical injuries to recover from. Fortunately, a civil lawsuit can help you recover. Discuss your case to see what a tractor-trailer accident lawyer in Fort Bend County, TX, can do for your case. Start by contacting the offices of D. Miller & Associates, PLLC™ at (713) 850-8600 for a consultation about your case.
Determining Liability
One of the first steps in building your case is to determine liability. Tractor-trailer accidents present a somewhat unique problem when trying to determine who is liable for an accident. In other accidents, it is the driver of the other vehicle who is held liable. This is true in tractor-trailer accidents as well, but the company that owns and operates the tractor-trailer may also be held independently liable under specific circumstances.
If the company creates a situation that led to the accident, it can also be held liable for that accident. For example, failing to complete periodic vehicle maintenance that caused a tractor-trailer to malfunction is a situation where the company may face legal action. Your lawyer will look into the possible liability for your case to make sure that the right people are held accountable.
Statute of Limitations
Accident victims usually do not take legal action right away. They are more concerned with their physical recovery and getting their lives back on track. When the expenses become a major problem, people begin to think about lawsuits. There is nothing wrong with taking time to get things together before taking legal action, but there is a chance that you will miss your opportunity.
There is a statute of limitations, a legal time limit, that dictates how long you have to file your lawsuit. According to the Texas law, you have two years from the date of your accident to file your lawsuit. Two years is not a lot of time to build a case, especially if you do not start on it until the second year.
If you do not file before the deadline, your case may not be accepted or thrown out on a technicality. Do not miss your opportunity to take legal action and consult with a lawyer as soon as possible.
Auto Insurance Settlements
Sometime after your case has been filed, the insurance company for the tractor-trailer driver or company will likely reach out to your lawyer about a settlement agreement. Insurance companies like using settlement agreements to try to end lawsuits before they go to trial. It also gives them the opportunity to negotiate.
You are not obligated to accept a settlement offer. You can renegotiate for better terms or prepare your case to go to trial. Accepting a settlement offer could reduce the amount of time that you are waiting to go to trial. Discuss your options with your lawyer before making a final decision to ensure that it is the right one in your case.
Understanding Your Rights
Being injured in a tractor-trailer accident entitles you to file a civil lawsuit. This is the basis for civil law—taking legal action to hold the person responsible for your damages liable for your recovery. You have the option of filing a lawsuit on your own without the help of a lawyer. The legal system can be complex, though, and you may not want to manage a case while recovering from an accident.
Possible Long-Term Effects
Tractor-trailer accidents can have long term effects on your life in several ways. The most prominent of these is through long term injuries. Broken bones and similar injuries can take a long time to heal. Tractor-trailer accidents can also result in brain damage and disabilities. If this happens, the long-term impacts can be high. You may need ongoing care or physical therapy to recover.
Your ability to work can be impacted over the long term as well. Recovery can be intensive, with many months of missed wages. Although some victims can recover given enough time, there are cases where you could be out of work permanently. Sometimes you will never be able to return to work because of a permanent disability. Other times, you could be out of work for months or years. Your employer may not be able to hold your position for you until you fully recover and are able to come back to work. This means in addition to having to recover from your injuries, you need to find a new job once you are able to.
Call for a Consultation
Tractor-trailer accidents can be especially devastating. The damage tends to be more severe, making it harder to recover. It is important that you get the services and support that you need to fully recover. You do not have to struggle alone.
You can take legal action to recover. Start by contacting the office of a tractor-trailer accident lawyer serving Fort Bend County, TX, for legal advice. You can call the offices of D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
