In 2019, the Texas Department of Transportation (TxDOT) reports that of the over 13,000 accidents that occurred in Collin County, 578 involved commercial motor vehicles (CMVs), including tractor-trailers.
If you suffered injuries or lost a loved one in a large truck accident in a Northeast Dallas suburb, you do not have to deal with insurance companies or take your case to court on your own. From your initial case evaluation to the closing of your case, a tractor-trailer accident lawyer can help you every step of the way. Call D. Miller & Associates, PLLC ™ at (713) 850-8600 to speak with our legal team about seeking the financial awards you deserve.
We can help you file an insurance claim with the at-fault driver’s policyholder or a personal injury lawsuit to help you seek appropriate financial recovery.
The Dangers of Tractor-Trailer Accidents
Due to the size, weight, and functions of large trucks, Texas law requires tractor-trailer drivers to demonstrate specialized skills through written and driving tests before obtaining their commercial driver’s license (CDL). Just as drivers of other vehicles have a responsibility to take precautions around tractor-trailers, truck drivers should take steps to avoid collisions, as well. Semi-truck accidents can occur when their operators:
- Follow other vehicles too closely.
- Do not check blind spots before switching lanes.
- Cut too closely in front of other vehicles, including other trucks.
- Do not allow enough room to brake.
Pursuing Financial Awards from an Insurance Company
In Texas, the person who caused the accident must use their insurance policy to provide financial recovery to the victims, which may include:
- Medical bills
- Property damage
- Lost wages
- Funeral expenses
After a tractor-trailer accident, the insurance company typically starts an investigation into the accident, during which they attempt to prove liability. Throughout this process, they may contact the victims to attempt to settle with them immediately. Unfortunately, this often occurs before the victims have had a chance to assess their total losses, and the amount offered by the insurance company often does not cover all damages.
A tractor-trailer accident lawyer in Plano, TX can communicate with the insurance company for you to help you pursue just financial awards. Victims or their attorneys often negotiate with insurance companies to try to find a reasonable offer that both parties accept.
In some cases, however, insurance companies might either fail to assign liability to their policyholder at all or refuse to agree to a reasonable settlement. In these cases, the victim can file a claim to bring the case before a jury.
We May Pursue Multiple Insurance Agencies
Unlike a car accident, the at-fault party in a truck accident might not be the driver. That can make the investigation into your accident more complicated. When we investigate your accident, we look for all potentially liable parties. This can include:
- The truck’s driver if his actions caused the collision. That can include fatigue, inattention, traffic violations, and distracted driving.
- The trucker’s employer if they improperly loaded or overloaded the trailer. Other forms of negligence that might place liability on the company include inadequate training, unlicensed or unvetted drivers, known or encouraged hours-of-service violations, and improperly maintained tractor-trailers.
- The truck’s manufacturer if a manufacturing flaw or design caused the truck to function improperly or otherwise led to the accident.
- The truck’s parts manufacturer if faulty brakes, windshield wipers, or couplings were the cause of the accident.
Our investigation will point to the at-fault party; in some cases, it may indicate multiple at-fault parties. Whatever the case, we will pursue recoverable damages from all parties who bear full or partial responsibility for your accident.
Collecting Evidence That Proves the Cause of Your AccidentEvidence collection can be a time-consuming, part of your case. When we say we handle your case from start to finish, we mean it. That means we request and obtain evidence for you rather than taking you with this responsibility. Physical recovery should be your goal. Seeking financial recovery is ours.
The evidence we collect for you will include:
Your Truck Accident Report
Your truck accident report will contain a plethora of information we can use to build your case. It will note contact information for the truck driver and his insurance company. It will also have contact details for any available witnesses. Causes and contributing factors will be included along with points of impact, investigator’s notes, and police-generated photos.
Medical Records and Bills
Your medical records will contain details about the severity of your injuries and their cause. It will also note the length and costs of your treatment plan. These can come from a variety of places including doctors, hospitals, clinics, laboratories, and other medical testing facilities.
Proof of Income
Your proof of income will help us understand your financial losses from each of your income sources. This can include full and part-time places of employment and contract and freelance work. This can include tax records, paycheck stubs, and direct deposit receipts.
Property Repair Invoices
Your property repair invoices will document the cost to restore your car to its pre-accident condition. If your car has been damaged beyond repair, or the costs of repairs will exceed the car’s value, we will use authoritative industry guides to ascertain its replacement value.
Your written prognosis will tell us the extent of your injuries and the types and amount of health care treatments you will require after your case is resolved. It will help us ensure your case is not undervalued and establish the potential value of your ongoing pain and suffering.
Taking Your Tractor-Trailer Accident Case to Court
If the insurance company rejects your requests for a fair settlement, a court may help you hold them accountable for the damages you seek.
At D. Miller & Associates, PLLC ™, our attorneys can help you collect the information you need to build your case and fight for fair and reasonable financial awards.
Texas Statute Of Limitations on Large Truck Accident Cases
A statute of limitations refers to the amount of time a victim has to file a claim in civil court against the person who caused their injury or the death of their loved one. In these cases, criminal charges do not apply; instead, civil claims allow victims to seek financial recovery for the losses they acquired as a result of the incident.
Personal Injury Claim
If you suffered a serious injury in a tractor-trailer accident and your costs exceed the amount covered by the at-fault driver’s insurance, you may file a personal injury claim against the driver. The Texas statute of limitations allows you two years from the date of the accident to take your case to court.
Wrongful Death Claim
If you lost a spouse, child, parent, or other loved one to fatal injuries that resulted from the truck accident, you may qualify to file a wrongful death claim against the liable party. The State of Texas allows you two years from the date of the victim’s passing to take your case to a civil court.
How a Tractor-Trailer Accident Lawyer Can Help You
Tractor-trailer accident injuries often extend far beyond their devastating physical effects and into the personal lives of victims and their families. Lost wages can make paying bills and staying afloat much more difficult, and the thought of facing court on your own on top of it may feel overwhelming. Pain and suffering can take away from your quality of life and affect your relationships with your family.
For these reasons, some victims of these types of accidents choose to prioritize themselves while going after a negligent party for fair financial recovery. If you choose to hire legal representation, you can focus on your health and well-being while an attorney works on the legal aspects of your case.
A tractor-trailer accident lawyer in Plano, TX can help you by taking over your case and managing each step on your behalf, including:
- Gathering evidence to prove liability
- Assessing your damages
- Communicating with insurance companies and their legal teams to negotiate a fair settlement
- Taking your case to court if necessary to pursue adequate awards
- Demonstrating the liability of the other party to a jury and your qualification for sufficient damages
Call D. Miller & Associates, PLLC ™ Today To Get Started
If you lost a loved one or suffered severe injuries in a tractor-trailer accident in Plano, you do not have to handle your case on your own. The lawyers at D. Miller & Associates, PLLC ™ can help ease your burden and fight for financial awards for your losses. Call us today at (713) 850-8600 to speak with our legal team about your case.