Tractor trailer accidents happen many times a year. Every accident is a bit different, but common elements of these accidents make them particularly dangerous.
According to a study conducted by the Federal Motor Carrier Safety Administration and the National Highway Traffic and Safety Administration, in just over 2.5 years, 77 percent of large trucks involved in an accident pulled a single semi-trailer. This could mean you are more likely to get into an accident with a semi-trailer than another type of truck.
Trying to manage your recovery after an accident can be challenging without help. On top of dealing with injuries, there are other factors that you may be expecting. Fortunately, you might be able to take legal action to help with some of these factors to avoid being a long-term accident victim.
If you or a loved one was injured in a tractor trailer accident, you could discuss your case with a tractor trailer accident lawyer in Madisonville, TX, to see what legal options are best for you. Contact the offices of D. Miller & Associates, PLLC™, at (713) 850-8600 to discuss your case with our team.
Statute of Limitations
If you are deciding whether you should file a lawsuit, it is important to remember that you have a limited time to do so. Every state has a statute of limitations, or a legal time limit, on how long you can file a lawsuit after an accident. If you do not file your case by the deadline, the court can reject your case.
According to Texas law, the statute of limitations for personal injuries and property damage in Madisonville, Texas, is two years from the accident date.
Two years may seem like a lot of time, but your lawyer needs time to build a strong case on your behalf. Also, the further you get from the accident, the harder it can become to find witnesses and collect evidence, so it is beneficial to start as soon as possible.
When you file a lawsuit, the goal is to collect compensation for case-related expenses. This means you can file claims in your lawsuit for various types of financial recovery. The claims that can be filed depend on the specifics of your case.
Medical expenses are covered under the personal injury statute, and they are the most common type of payment claimed in lawsuits. This is largely because medical bills make up most of the expenses you are likely to have after an accident. Tractor trailer accidents tend to involve severe injuries, making it more likely that you will have higher medical expenses.
Property damage claims are also common in tractor-trailer accidents. The cost of repairing or replacing your car is covered under the property damage statute, and tractor-trailer accidents almost always cause significant damage to vehicles involved in an accident.
While vehicle damages are the most prominent problem that people see, property damage covers any property that you own that was damaged in the accident. This can include cellphones, purses, clothes, and other personal items that are in your vehicle at the time. After the accident, make sure that any damaged properties listed in the police report are accurate, as it will be logged for later use in your case.
Call D. Miller & Associates, PLLC™, today at (713) 850-8600 to share the details about your tractor-trailer accident. We can advise you on your next steps as you decide whether to pursue legal recourse in your case.
Settlement vs. Trial
A lawsuit could end up going to trial where jury decides your case’s outcome. However, your case can be resolved in several ways. In civil cases, many lawsuits end with settlement agreements.
A settlement agreement is a contract that says you will receive payment for ending your lawsuit. Many companies, such as insurance companies and trucking companies, turn to this option because it favors both sides in resolving cases. For a company, being sued and having cases go to trial can affect its image and affect future business. Negotiating a settlement can also help reduce the amount companies must pay.
For you, a settlement means you can end your lawsuit sooner. That means there will be less time for you to deal with financial problems after an accident. A possible downside is that you could receive an amount that is less than what you would receive at trial. Fortunately, you might be able to negotiate more so that the settlement matches your expectations and needs, which is the lawsuit’s overall goal.
Lost Wages and Lost Working Opportunities
Aside from medical needs and property damage claims, you can claim other losses in your lawsuit. A lost wages claim is a common option since many tractor trailer accidents result in victims missing work for an extended period. If this happens to you, you can claim the wages lost for missing work under economic damages.
There are claims you can seek that are not based on tangible losses like medical bills and property damage. Pain and suffering is a common option. You are compensated to help you recover from the mental and emotional stress that the situation has caused. An attorney can advise you further in this area.
Contact Us to Discuss Your Case
If you or a loved one is injured in a tractor trailer accident, you can discuss your case with a tractor trailer accident lawyer in Madisonville, TX. Miller & Associates, PLLC™, at (713) 850-8600 to speak with a member of our team.