The Federal Motor Carrier Safety Administration (FMCSA) found that 73% of the accidents that it recorded involved a large truck and a smaller vehicle. Tractor-trailer accidents can be particularly devastating because they have the potential to do a lot of damage to smaller vehicles.
If you are in an accident with a tractor-trailer, dealing with the financial aspects of your recovery may be difficult, even if you have great insurance. You can take legal action to address your financial issues and seek financial recovery from the person that caused your accident. A tractor-trailer accident lawyer serving Huntsville, TX might be able to assist you with your lawsuit. Contact D. Miller & Associates, PLLC at (713) 850-8600 to schedule a consultation about your case.
Understanding Your Rights
Civil law gives you the right to seek financial restitution from anyone that causes you harm in some way. For example, if you are injured in a car accident, you have physical injuries and damage to your car that need to be resolved. Those costs should not be your responsibility. The person that caused your accident can be held responsible, and you can seek financial recovery to help you pay for the cost of your treatment.
Determining the Responsible Party
Truck accidents have a unique issue that other vehicle accidents may not have. The issue of liability becomes a significant factor in how your case is handled. Liability determines who is financially responsible for damages. However, tractor-trailer accidents introduce another party to the equation.
Tractor-trailers are usually owned and operated by companies. Those companies are liable for the damages that their vehicles cause. This means that your tractor-trailer accident may be resolved by filing a lawsuit against the company that owns and operates the tractor-trailer rather than the driver.
If this is the case, then your lawyer will work with the insurance company that provides liability insurance to the company that owns the tractor-trailer to resolve any legal issues or disputes. This may work out better for you in the long run. Because the company and the driver are insured, there will likely be enough funds available to cover the amount that you need to handle your expenses.
Auto Insurance Settlements
Insurance companies offer settlement agreements in auto accidents. This happens for several reasons. The first reason is that offering a settlement agreement may keep the case from going to trial. This works out better for the companies involved because it keeps the accident out of the public’s attention, effectively protecting the company’s reputation.
The other reason settlement agreements are common in auto insurance cases is that it gives the insurance company a chance to negotiate how much it will pay. If your case goes to trial, it can be very expensive for the insurance company. Instead, it will try to negotiate a lower payment in return for settling the case early and not having to worry about the trial.
Settlement agreements can benefit both the insurance companies and you as the victim of the accident. The settlement agreement gives you a chance to negotiate the amount of financial restitution you receive. It also lets you settle the case much faster than waiting to go to trial.
Legal systems across the country are continuously backed up. This can make you wait a long time before you are able to go to trial. Instead, you can negotiate a settlement agreement to end a lawsuit faster. This will let you deal with your finances sooner and get your life back on track.
Lost Wages and Other Expenses
Tractor-trailer accidents can result in a variety of expenses that you may not be prepared for. Aside from medical expenses from medical treatment and car repair costs, you may also have to deal with lost wages. If you are out of work for an extended period of time because of your injuries or because the car was damaged, you can claim lost wages in your lawsuit. This will cover the payments that you missed when you were out of work.
When accident victims think of property damage, they often think of the damage to their vehicle. However, property damage includes more than just your car. For example, if your cell phone was in your car during the accident and was lost or damaged, you can claim financial recovery for that cell phone.
The rules of filing claims for property damage extend to anything that was damaged or destroyed in the accident. Make sure that your lawyer has a full account of any property that you had during the accident that was damaged or destroyed so that the claims in the lawsuit can be updated to cover everything.
There may be other types of claims that you can file for in your lawsuit. Contact D. Miller & Associates, PLLC at (713) 850-8600 to discuss what claims apply to your lawsuit.
Seeking Financial Recovery
You can see financial recovery if you are injured in a tractor-trailer accident. However, you only have a limited amount of time to file your lawsuit. This is called the statute of limitations, and every state has statutes of limitation for different types of cases.
Under Texas Civil Practice and Remedies Code Chapter 16, you only have two years from the day of the accident to file claims for property damage and personal injury. Two years is not a lot of time to build the case. This is especially true if you do not talk to a lawyer about your case until months into the statute of limitations. Make sure that your lawyer has enough time to build and file a lawsuit by starting the legal process as soon as possible.
Contact Us Today
As the victim of a tractor-trailer accident, dealing with the fallout from your accident can be difficult. However, taking legal action may shorten the accident’s impact on your life. Talk to the office of a tractor-trailer accident lawyer serving Huntsville, TX for guidance on the legal process and what steps you should take next. Call D. Miller & Associates, PLLC at (713) 850-8600 to discuss your case with our team.