When a truck and a car collide, the driver and passengers of the smaller passenger vehicle often suffer catastrophic injuries, such as spinal cord damage or traumatic brain injuries. This can mean hundreds of thousands of dollars in medical bills, significant time away from work, and extensive pain and suffering. Paying for the care they need—or just making ends meet at home—is often difficult.
If you suffered injuries in a Texas truck accident and the truck driver caused the crash, an attorney may be able to help you file a claim and collect compensation to cover your accident-related losses. The personal injury team at D. Miller & Associates, PLLC, can identify the liable parties, secure all available evidence, and build a strong case for a payout on your behalf. Call us today at 713-850-8600 to schedule your free case evaluation with a truck accident lawyer in Katy.
Who Is Liable for My Truck Accident Injuries?
Truck accident cases are often more complex than a typical car accident claim. Much of this complexity stems from the fact that most trucks are not private individuals simply going to the grocery store or running another routine errand. Most box trucks, 18 wheelers, and even work vans are company vehicles. That means large corporations own these vehicles, while employees operate them. Some cases involve drivers operating rented vehicles that may or may not have the proper liability insurance to cover your injuries.
If the driver of the truck caused the accident, we can help you determine who is liable for your injuries. It may surprise you that the negligent driver is rarely the primary liable party in these cases. Thanks to a legal doctrine known as vicarious liability, their employer or the owner of the truck may be liable as well. While this makes filing a claim more difficult, since an employer likely has a team of corporate lawyers, it also means higher policy limits that are more likely to cover the full range of your losses.
What Evidence Is Necessary to Prove Fault?
Proving fault in a truck accident relies on some of the same evidence as any other crash. We will request the police report, interview eyewitnesses, and may even call in an accident reconstruction specialist to help us understand exactly how the crash happened.
However, there is often much more evidence available in a truck accident than in your typical car crash. Truck drivers have to keep logs and collect a variety of data for state and federal agencies who oversee interstate safety. This means all or some of the following evidence may be available in your case:
- Driver’s rest logs;
- Data from the truck’s onboard computer;
- Post-accident drug and alcohol test results;
- Maintenance records;
- The driver’s personnel file; and
- Contracts related to truck rental.
If this evidence exists, it is imperative we gain access to it in order to build a strong claim on your behalf. This requires sending a spoliation letter informing the trucking company or other party of our intention to file a claim. This letter prevents the liable party from destroying any of this evidence. A trucking company could face serious sanctions from the court if it fails to preserve this evidence.
What Type of Damages Are Available From a Truck Accident Claim?
When we file a truck accident claim for you, we will request fair compensation based on the true value of your economic losses, estimates of your future injury-related expenses, and a financial calculation of your pain and suffering damages. Some of the documentation we will collect to prove your damages includes:
- Medical bills;
- Proof of inpatient rehabilitation or outpatient physical therapy costs;
- Expert estimates of your future medical needs and ongoing care costs;
- Documentation of your property damage;
- Receipts from any related out-of-pocket costs; and
- A journal documenting your pain and suffering.
Once we collect the documentation necessary to prove your losses, we can better understand what a fair settlement will look like in your case. Without taking this step, we might not request enough compensation or settle for an offer that will not cover all your future care needs. This is a common mistake when accident victims try to handle their cases without a lawyer. This is why we encourage you to talk to a truck collision attorney before you sign anything.
How Can a Truck Accident Lawyer Help Me Recover the Money I Need?
You do not want to try to navigate the complexities of a truck accident claim on your own. The trucking company or other owner of the truck will likely have an entire team of corporate lawyers fighting to minimize the amount of your payout—or deny it altogether. You need a truck accident lawyer who has faced this situation and recovered fair compensation for their clients despite the tough opposition.
When you contact us about your truck accident case, we will act quickly to collect and preserve all possible evidence. We will fully investigate your accident and build a strong case before approaching the liable party’s insurance company to file a third-party claim. Usually, our preparation and the strength of our claim allow us to negotiate a fair settlement with the insurance company. We settle most cases for our clients without ever going to court.
If the insurance company refuses a fair settlement, we are not afraid to litigate the case. We will file a lawsuit on your behalf and take the case before a judge. We will not quit fighting until you get the payout you deserve.
How Can I Talk to a Truck Accident Lawyer in Katy About My Case?
At D. Miller & Associates, PLLC, we aggressively pursue fair compensation for each and every client. If you suffered injuries in a Katy truck accident, call us today at 713-850-8600 for a free case review. We handle all truck accident cases on a contingency basis. That means you do not have to pay unless we recover a payout for you.