Tractor-trailer accidents happen every day across the U.S. According to the Texas Department of Transportation (TxDOT), there are many reasons why these accidents happen. Driving a tractor-trailer is more difficult than other vehicles for several reasons, including the fact that they have four very large blind spots. Regardless of the reason, if your accident was caused by the driver, the damage that the tractor-trailer caused left you with injuries and expenses that can be costly to address.
You may be able to take legal action to protect your finances and hold the party that is responsible for your accident accountable. By filing a tractor-trailer accident lawsuit, you may be entitled to financial recovery to handle your accident-related expenses. You may want the help of a tractor-trailer accident lawyer serving Round Rock, TX to do this. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
Determining Liability
Liability plays an important role in your lawsuit. If your accident was caused by a tractor-trailer, there is a good chance that that tractor-trailer is owned by a company. Because it is a work vehicle, you can file your lawsuit against the company instead of the driver. This can work in your favor because the company is likely covered by a liability insurance plan.
The insurance company will also play an important role in how your lawsuit is resolved. Insurance companies like to offer settlement agreements to victims because it gives them the chance to negotiate a payment rather than taking a big risk in a trial. For you, this means that you can negotiate the amount of financial recovery that you will receive, and receive it much sooner than waiting to go to trial. Have your lawyer review any agreements that you are offered before you accept them.
Statute of Limitations
You only have two years to file the lawsuit, according to Texas law. This is called the statute of limitations, and it is a common legal practice in every state. Make sure that you can get your lawsuit filed on time by hiring a lawyer as soon as possible.
Settlement vs. Trial
Being involved in legal action makes everyone nervous no matter how many times they do it. The thought of going to trial can be scary, but it is important to remember that you are not likely to make it to trial.
Like most other civil lawsuits, tractor-trailer accidents usually reach a resolution. They usually end with a settlement agreement, which is a contract between you and the other party to accept an award for ending the lawsuit immediately. You can focus on getting your life back on track.
While it may be tempting to accept the settlement agreement as soon as possible, it is in your best interest to wait until your lawyer has had time to fully review the agreement. Settlement agreements are an opportunity to negotiate the amount that is paid. If the settlement amount meets your needs, they will advise you to accept it.
Work with a lawyer to make sure that your needs are effectively represented in the negotiations. Contact a representative for D. Miller & Associates, PLLC™ at (713) 850-8600 to get the legal assistance that you need to protect your interests.
Possible Awards
In a civil lawsuit, the goal is to collect a financial recovery. You do this by filing claims for specific types of expenses. These expenses can include:
- Medical expenses: Any expense that you have for medical care related to your accident can be claimed. This also includes emergency medical care, such as being taken to the hospital in an ambulance or going to the emergency room. In some cases, ongoing medical care and mental health care expenses can be claimed as well.
- Property damage: Any property that is damaged in the accident can be claimed. Nearly every lawsuit includes a claim for the cost of repairing or replacing a vehicle, but you can also file claims for smaller items like your cell phone or laptop.
- Lost wages: If you missed work for any period of time because of your accident, you may be able to file a claim for the wages that you lost as a result.
- Pain and suffering: Pain and suffering claims are unique among civil cases. The amount that you can claim is not based on hard expenses. Rather, it can be calculated in several ways and producer awards that are several times the other expenses in your lawsuit. Pain and suffering is not awarded in every case, just the cases where the emotional and mental strain caused by the accident are extreme.
There are other types of expenses that you can claim in your lawsuit. Discuss your case with a law firm to see what claims you can file, as well as to learn about the legal process.
Call to Schedule a Case Evaluation
If you or a loved one is in an accident that was caused by a tractor-trailer, you may be able to take legal action against the party that is responsible for your damages. Seek the advice of a tractor-trailer accident lawyer serving Round Rock, TX to see what your legal options are and what steps you should take next. Discuss your case with our team by calling D. Miller & Associates, PLLC™ at (713) 850-8600.
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