A careless or negligent truck driver can cause an accident in a number of ways. If a truck accident lawyer in Port Arthur can prove how the driver caused the crash, you may be able to file a third-party liability insurance claim or a personal injury lawsuit. This will allow you to hold the trucker or their employer responsible for your injuries and damages, including medical bills, property damage, and other losses and expenses.
At D. Miller & Associates, PLLC, our Texas truck accident team will evaluate your case for free. If we believe you have a viable claim against the trucking company or another liable party, we will file your claim for you.
Call our office today at 713-850-8600 for a free case review and no-obligation consultation.
Damages Available Through a Port Arthur Truck Accident Case
We can hold the at-fault party accountable for both the economic and non-economic damages you suffered in your accident. We will thoroughly investigate your case, ensuring we provide documentation of all your economic losses and expenses. This requires us to identify and collect:
- Hospital bills and documentation of any bills paid by your health insurance;
- Bills or receipts from outpatient care, such as physical therapy;
- Testimony from medical experts who can estimate the cost of ongoing or future care needs;
- Documentation of lost wages, such as paychecks and information about missed work;
- Estimates of future lost wages and related benefits;
- Estimates or receipts for vehicle repair or replacement;
- Receipts from any related out-of-pocket costs;
- Medical records that demonstrate the nature and severity of injuries; and
- Evidence of pain and suffering, when available.
With this evidence to back our request for your losses, we are often able to get clients more money than they could get on their own. This may include compensation to cover:
- Medical care;
- Prescription drugs;
- Ongoing care;
- Lost wages and lost benefits;
- Vehicle repair or replacement;
- Miscellaneous related expenses;
- Pain and suffering damages; and
- Wrongful death damages, if a loved one died in a fatal truck crash.
While many people try to handle this type of claim on their own, we highly recommend letting us look over your case before you agree to a settlement or accept a payment from an insurance company.
Who Is Liable After a Port Arthur Truck Accident?
It is not always clear who is liable after an accident. Many people assume it is the negligent truck driver, but that is only true in the instance where the driver owns the vehicle and is operating the truck for their own benefit. In other cases, a legal doctrine known as vicarious liability states that the employer is responsible for the on-the-job actions of employees.
- If the driver is working for a trucking company, that corporation may be liable;
- If the driver is behind the wheel of a privately owned carrier, the owner of the carrier is liable;
- If the driver is driving their employer’s work truck or van—or driving their own vehicle, but performing work—their employer may be liable; and
- If the driver is behind the wheel of a rented box truck, the driver or the rental company may be liable.
When we review your case, we can usually identify the liable party and explain how we plan to win a claim against them based on the strength of your case. We will investigate your crash and file a claim to collect compensation on your behalf.
Holding the Liable Party Accountable for Your Damages
We will get investigate the cause of your crash and who is responsible.
We can prove your case by:
- Requesting copies of your medical records, the police report, videos of the crash, and any other pertinent documents;
- Sending a survey team or otherwise visiting and photographing the crash scene;
- Identifying, contacting, and interviewing all potential eyewitnesses;
- Enlisting the help of accident reconstruction specialists and crash experts;
- Issuing a spoliation letter to preserve all evidence held by the trucking company;
- Analyzing the evidence and building a solid case; and
- Collecting all available proof of your damages.
In addition to the normal evidence available after a Port Arthur car accident , state and federal laws that oversee the trucking industry create a wealth of additional evidence that we need to protect, obtain, and analyze. This evidence is usually in the possession of the trucking company, truck owner, or driver’s employer. It may include:
- The driver’s rest logs;
- Truck maintenance logs and other related information;
- Results from the mandatory post-accident drug and alcohol tests;
- Data from the truck’s onboard computer; and
- Dash cam video of the accident.
Talk to a Truck Accident Lawyer in Port Arthur, Texas, About Your Crash Today.
If a negligent trucker caused your accident and injuries, we may be able to help you recover the compensation you deserve. We can handle cases involving a wide variety of vehicles, including:
- Tractor trailers;
- Dump trucks;
- Rented box trucks;
- Work vans;
- Wreckers and tow trucks; and
- Other commercial vehicles.
If you were injured in an accident with a commercial truck, we can help you sue the responsible party. We are not afraid to do what it takes to fight for your rights.
Call D. Miller & Associates, PLLC, at 713-850-8600 today for your free case review.