If you are struggling to pay your medical bills, make up for lost wages, and cover your ongoing care costs after a semi truck crash in Pearland, you should consider discussing your situation with a truck accident attorney. In Texas, you can hold a trucking company liable for the damages you suffered in an accident one of its drivers caused. If your accident occurred because a truck driver broke the law, drove recklessly, or behaved in a careless manner, you may be eligible to file a third-party liability insurance claim or a personal injury lawsuit against their employer.
The semi truck accident team at D. Miller & Associates, PLLC, offers free case reviews to help you understand your options for compensation after a crash. If we determine you have a viable case, we can:
- Fully investigate why and how the crash occurred;
- Identify any and all liable parties;
- Collect all available evidence to prove your claim;
- Negotiate aggressively with the goal of a fair payout; and
- File a lawsuit and take the case to court, if necessary.
Call us today at 713-850-8600 to talk to an 18 wheeler and semi truck accident lawyer in Pearland. We offer free case evaluations and you pay nothing unless we recover compensation on your behalf.
Recoverable Damages From a Semi Truck Accident Claim
There is a wide range of damages available through a winning claim. What is available to you depends on your injuries, property damage, and other details of your losses. Claims involving severe, permanent injuries—such as a traumatic brain injury—often have high values.
When we accept a truck accident case, we launch a full investigation and collect evidence to prove the value of your losses, including:
- Medical expenses;
- Lost wages;
- Future care costs;
- Accident-related expenses;
- Any out-of-pocket costs;
- Repair or replacement of your vehicle;
- Pain and suffering losses; and
- Wrongful deathdamages, if a loved one died in the crash.
The evidence necessary to prove damages varies from case to case, but some of the most common documentation we obtain includes:
- Medical bills;
- Receipts for any out-of-pocket expenses;
- Documentation from experts about your future or ongoing care costs;
- Estimates or bills for the repair of your vehicle;
- Receipts documenting other property damage losses; and
- Any available documentation of your pain and suffering.
Collecting evidence and putting a value on your damages is one of the most important steps in the entire claims process. Without conducting an investigation and analyzing this documentation of your losses, we would have no way to understand the true value of your case. This could lead to settling for less than you deserve, or even accepting a payout that leaves you paying your future care costs out-of-pocket.
While we always recommend discussing your case with a lawyer, some people decide to pursue this type of claim on their own. If you decide to file your own claim, do not underestimate the value of your losses and future expenses. We encourage you to talk to one of our attorneys before signing anything to ensure you get the compensation you need and deserve.
Liability in a Semi Truck Injury Accident
In most car accident cases, the driver who causes the crash is liable for any damages suffered, and we can pursue a claim based on their personal auto liability coverage. When the driver who causes the crash is a professional, however, the law works a little differently. A legal doctrine known as vicarious liability holds the trucker’s employer liable for any damages they cause while on-the-clock. This means the trucking company is financially responsible for your medical bills, lost wages, and other costs.
There are pros and cons of this. We have to go toe-to-toe with a large trucking company and its team of corporate lawyers to win your case. However, a trucking company also carries a much larger liability policy than an individual driver would. This is especially important for victims who suffer catastrophic injuries and require ongoing care.
Evidence Necessary to Win Your Claim
To recover the compensation you deserve, we collect all available evidence to prove the truck driver caused your accident. Often this includes:
- The police report;
- Witness statements;
- Pictures or video of the accident scene and the vehicles involved;
- Video of the crash, if available; and
- Your medical records.
We may also call on accident reconstruction specialists and other experts who can speak to specific details about the crash, your injuries, or your future needs. In addition, state and federal laws require truck drivers and their employers to keep certain records that may bolster our case against them. These records could include:
- The trucker’s rest logs;
- Data from the truck’s computer;
- Post-accident drug and alcohol testing results, if the driver drove while intoxicated;
- Maintenance records; and
- Driver training and performance records.
Unfortunately, the trucking company generally has possession of all this evidence. To ensure the company preserves it, we send a spoliation letter as soon as possible after the crash. This letter legally obligates the trucking company to protect this evidence and allows us to gain access.
The 18 Wheeler Accident Claims Process
Because we build as strong a case as possible for each of our clients before sending a demand letter and asking for compensation, we can usually negotiate a fair settlement without needing to file a lawsuit. An insurance company does not want to go to court any more than we do, especially once it analyzes the strength of our evidence against the driver.
Occasionally, a trucking company or its insurance carrier will refuse a fair payout, deny liability, or deny a claim for another reason. When this occurs, we will not hesitate to file a personal injury lawsuit. There is no corporation too big to take on when it comes to getting our clients the payout they deserve. We will present your case in court and ask a judge to award you full compensation for your damages.
Talk to an Attorney in Pearland Today
At D. Miller & Associates, PLLC, we can help you decide what to do after a semi truck accident in Pearland, TX. If a negligent truck driver caused your crash, we can explain your legal right to compensation, explore your options, and guide you through the complex claims process. We offer free case reviews and handle all truck accident claims on a contingency basis.
Call us today at 713-850-8600 to get started.