Given the mass and size of a large truck, truck accident injuries are frequently catastrophic or fatal. Traumatic brain injuries and spinal cord damage are common after a truck accident. Injured victims—or their families in fatal cases—may be able to file an insurance claim and recoup their losses after the accident.
However, truck accident cases are complex. The lawyers at D. Miller & Associates, PLLC, can help. We can help you explore your legal options, navigate the entire personal injury claims process, and negotiate for the restitution you deserve. Contact us today at (713) 850-8600 for a free consultation with a truck accident lawyer’s team in Houston.
Who Is Liable for Your Truck Accident Injuries?
The party responsible for the accident is liable for the victims’ damages. The first step of filing a truck accident claim and collecting financial recovery is to determine who was at fault for the accident.
There are a number of parties that may be liable for your truck accident injuries, including:
- The carrier;
- The truck driver;
- The truck owner;
- The truck manufacturer;
- A truck part manufacturer, such as the tire or brake manufacturer;
- A third-party shipping company; or
- The inspection service provider.
At D. Miller & Associates, PLLC, we have been helping truck accident victims in Houston since 2002. We understand the nuances of these types of claims and can conduct a thorough investigation to identify liability. Before speaking to an insurance adjuster or filing a claim, run your case by one of our team members to clarify your options.
How D. Miller & Associates, PLLC, Can Help With Your Truck Accident Case
Our team of truck accident lawyers can help with all aspects of your case, including the following actions:
- Assess liability
- Assign a value to your claim
- Work with the truck company’s legal team to obtain a fair recovery for you
- Investigate and collect evidence
- Negotiate with the insurance company
You should also know the following about how we can help you.
We Will Handle the Insurance Claims Process
In the chaotic aftermath of a serious accident, it helps to have an attorney advocating for your best interests and managing the confusing legal matters. You certainly do not want to inadvertently mishandle your claim and miss out on the financial recovery that you deserve.
Insurers often dispute liability, and there is usually an intensive investigation. When you are up against a commercial trucking company, the process of gathering evidence, proving fault, and calculating future damages becomes even trickier.
We Will Stand with You in Court, if Necessary
If you and the insurer cannot agree on the terms of a settlement, a Houston 18-wheeler accident lawyer can prepare your case for court. We will continue pursuing the funds you need to be whole again and to accommodate your future medical needs.
We Will Utilize Our Experience and Knowledge
We can explain your options so you can make informed decisions about your case. Our lawyers can facilitate all types of claims pertaining to truck accidents, including:
- Standard negligence claims
- Product liability claims
- Wrongful death claims
We will take on the tasks you do not have the time or energy to devote to.
What Types of Damages Can I Recover?
You may qualify to collect both financial and emotional losses. When we value your claim, we will include current and future damages associated with your injuries, such as:
These can include emergency care, hospitalization, specialized care, surgeries, prescriptions, prosthetics, and follow-ups.
Truck accidents can result in serious injuries that require ongoing care, like traumatic brain injuries. Mayo Clinic affirms that this condition can involve relearning foundational skills like walking, which can take months.
These can include loss of wages, loss of work benefits, or the loss of a promotion.
These damages include losses that are intangible and difficult to assign a value, such as:
- Reduced capacity to work
- Disfigurement and scarring
- Emotional harms, such as pain and suffering
- Punitive damages
Damages for truck accident cases may range from thousands to millions of dollars. To ensure the insurance company or courts factor in the totality of your losses, start collecting all your receipts, medical documents, and information about your injuries. Store these documents in a folder for safekeeping and share them with your lawyer.
What Steps Should You Take After a Truck Accident?
It can be difficult to know where to turn after the shock of a truck accident. Here are the steps you should take after any motor vehicle accident to protect your safety and your legal rights.
Address Your Immediate Medical Needs
Get yourself and your car to safety, seek medical attention, and give the police your information for the accident report.
Call Your Insurance Company
Report the accident, but only provide basic information. Do not agree to answer any accident investigators’ questions—even those from your own insurer—without an attorney’s counsel.
Call (713) 850-8600 for a Consultation
Speak to one of our truck accident lawyers, free of charge, and brief us on your circumstances. We understand the immediacy of the situation and can quickly explain your options and how we can help.
Begin Collecting Information
Gather all documents and evidence that pertain to your accident and injuries. To validate your claim, we need proof of fault, medical records, and financial records like medical bills and proof of lost wages.
We will help you gather evidence as well. We can speak to witnesses, investigate the truck driver’s driving history and driving logs, and compile a comprehensive list of your monetary and non-monetary losses.
Avoid Discussing Your Accident and Health
Do not talk about your accident, your health, or your case. This is because the insurance company could take anything you say out of context and use it to argue that you do not deserve a settlement. Do not risk your financial recovery by accidentally admitting fault or implying that your injuries do not affect your life more or less than they actually do.
This also means that you should not provide more information to the insurance company than absolutely necessary. When they call you, answer their questions truthfully, but do not expound on those answers. Once you hire a lawyer, you can direct the insurer’s calls to your representative.
Continue with Your Medical Care
To protect your health and preserve your truck accident claim, follow your doctor’s orders and stick to your treatment plan. Failing to follow through with medical care can invalidate your claim.
You should also keep a daily journal that documents your pain levels, treatments, response to treatments, and thoughts about how your injuries are affecting your life. We can use this information to better illustrate the impact of the accident to the insurance company or court.
Why Is It Important to Act Quickly after a Truck Accident?
Truck accidents are complex and urgent cases. We need to document serious injuries from the get-go, collect vital information from the trucking company before they lose or destroy evidence, and begin compiling all the evidence to substantiate your claim.
We also need time to obtain a complete damage assessment so you receive a fair settlement. Plus, the statute of limitations imposed by Texas law restricts how long we have to file your claim before you lose your right to seek financial recovery.
We Can Help You Recover After a Truck Accident in Houston
Contact D. Miller & Associates, PLLC, today at (713) 850-8600 to request a free consultation with a truck accident lawyer’s team in Houston. Your truck/car accident lawyer in Houston will want to do all they can to help injured Texans like yourself.
Related Frequently Asked Questions
- How Do Bicycle Laws Affect Personal Injury Cases in Texas?
- How Soon Do You Need to File A Claim After A Bicycle Accident in Texas?
- How Do You Afford a Lifetime of Medical Bills After a Spinal Cord Injury In An Accident?
- What If I Am Partly Responsible for an Accident in Texas?
- How Do I Get A Police Report For A Car Accident In Houston?