If a truck driver acted negligently behind the wheel and caused your Huntsville, TX, traffic accident, you may qualify for financial recovery. An attorney from D. Miller & Associates, PLLC can evaluate your case for free and help you understand your legal rights. We may be able to represent you and manage the recovery process on your behalf.
Call (713) 850-8600 today to get started with your complimentary consultation and case evaluation with one of our attorneys serving Huntsville, Texas.
Understanding Liability in a Huntsville, TX Semi-Truck Case
Drivers of 18-wheelers and semi-trucks have to follow strict state and federal regulations in addition to driving carefully to avoid accidents that can quickly cause serious injuries to the occupants of nearby vehicles. When they act negligently, carelessly, or recklessly behind the wheel, accidents occur. However, the driver is not typically the party that is the focus of an insurance claim or lawsuit in the cases.
Instead, a legal doctrine known as respondeat superior sometimes makes it possible to hold the trucking company or another employer vicariously liable for the injuries suffered by the victims. For this to be possible, Texas case law requires both of the following to be true:
- At the time the accident occurred, the driver was classified as an employee (not an independent contractor) of the company.
- At the time the accident occurred, the driver was working and acting in the “course and scope” of their job.
If both of these are true, we can likely uncover evidence to support this, as well as uncover other facts of your case. This will allow us to seek financial recovery for you by filing an insurance claim or a personal injury lawsuit against the trucking company that employs the negligent driver.
Call D. Miller & Associates, PLLC today at (713) 850-8600 to learn more.
Our Attorneys May Be Able to Help You Secure Recovery in an 18-Wheeler Accident Case
Since 2002, our personal injury lawyers have fought to protect the rights of clients who suffered injuries in traffic accidents. If we represent you in your case, we will take steps to ensure our accessibility to you, address all of your concerns, build a compelling case, and pursue recovery on your behalf. These steps may include:
- Managing all communication related to your case
- Handling the claim with the liable party’s insurance company and legal team
- Protecting the evidence held by the liable party, as necessary
- Identifying and gathering evidence to support your claim
- Working with accident reconstruction specialists and other experts
- Documenting your accident-related losses and expenses
You can count on your 18-wheeler and semi-truck lawyer from D. Miller & Associates, PLLC to deal with the insurance company, so you do not have to. We will handle all aspects of your legal case so you can focus on resting and healing. You do not need the stress of dealing with insurance adjusters and corporate attorneys while you are recovering.
We can often secure enough evidence to prove our client’s claim before beginning negotiations with the insurance company. This gives us leverage to pursue a fair settlement. If the insurance company or liable party refuses to work with us to secure your recovery, we can file a personal injury lawsuit in civil court.
Financial Recovery Following a Huntsville Semi-Truck Accident
The recovery available to truck accident victims depends on the expenses and losses they sustained as a result of the accident, as well as a number of other factors. Financial recovery in this type of case can include both economic and noneconomic losses. Some common recoverable damages include:
- Medical treatment and care costs
- Lost wages
- Reduced earning capacity
- Repair or replacement of the vehicle
- Other property damage
- Pain and suffering
- Mental anguish
Because of the size difference between a tractor-trailer truck and passenger vehicles, occupants of the smaller, lighter passenger vehicles often suffer significant, life-changing injuries in an 18-wheeler accident. In some cases, victims pass away in the accident or because of their injuries later.
Texas law allows financial recovery for some immediate family members following the loss of a loved one in a negligence accident. We may be able to pursue recovery on your behalf through a wrongful death claim. We can help you understand your rights and what this process entails during your free case evaluation.
Texas Statute of Limitations on Truck Accident Cases
Texas law sets a two-year statute of limitations in Texas law. This statute generally applies to cases when a victim suffered injuries because of another party’s negligence. This includes many traffic accident cases. You likely have only two years to take legal action by filing a civil lawsuit to hold the trucking company liable.
We do not always have to resort to taking this type of case to court. In many cases, we file an insurance claim on behalf of our clients and work with the insurer to reach financial recovery when possible. However, we need to ensure our clients maintain the right to file a lawsuit in case this becomes necessary.
Talk to an 18-Wheeler and Semi-Truck Lawyer Serving Huntsville
We encourage you to reach out to an attorney from D. Miller & Associates, PLLC about your Huntsville semi-truck accident case as soon as you are able. There are relatively short deadlines on these cases, and we need to get to work on your case quickly.
Let a member of our truck accident team evaluate your case for free today. We can explain the merits of your case and your legal rights. We may be able to pursue financial recovery on your behalf. Call (713) 850-8600 now to get started.
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