Due to their sheer size and weight, trucks are more likely to inflict serious injury or death in an accident than smaller, lighter vehicles.
If you suffered injuries in a trucking accident, you can seek financial recovery from the trucker or another liable party. A truck accident lawyer serving Rowlett from D. Miller & Associates, PLLC® can help you.
Potentially Liable Parties in a Truck Accident
Rowlett truck owners and drivers must follow various federal and state regulations to ensure their safety on the road. These include drug and alcohol testing, service hours, and routine truck maintenance guidelines. They could be liable for the accident if evidence shows they did not comply with trucking regulations.
However, other parties can also be at fault. For example, a motorist with road rage might cause the truck driver to swerve on the freeway and crash into your car. In this case, you could hold the irate motorist liable for the accident.
Our truck accident lawyer serving Rowlett can help gather evidence to determine who to hold liable for your losses. These can include dashcam or highway surveillance videos and witness testimonies.
Potential Financial Recovery for Truck Accident Cases
Our truck accident team servingRowlett can pursue two types of financial recovery: economic and non-economic.
Recovery for economic losses pays for the financial losses suffered due to the crash. These typically include medical bills, lost wages, and auto repairs. Our lawyer can estimate economic losses by compiling the records of your expenses.
Meanwhile, non-economic losses, such as your pain and suffering, may also warrant recovery.
Comparative Negligence Affects Your Truck Accident Case
Before filing any action, you can first have our legal team check all collected evidence and statements. Being unable to sufficiently prove the other party’s fault in the accident can mean more liability could go to you.
This is because Texas follows a modified comparative fault rule. Here, you can recover a portion of your total losses, depending on your fault percentage. However, you cannot recover any amount if your liability exceeds 50 percent.
For instance, your truck accident losses totaled $420,000 in a civil case. However, the court found you 30 percent liable for speeding. That means you would only be able to receive 70 percent of the settlement, which would be $294,000.
Rowlett Truck Drivers Must Carry Insurance in Case of a Truck Accident
The Federal Motor Carrier Safety Administration (FMCSA) states that all truck owners must carry liability insurance for their trucks. The liability coverage will pay for accident victims’ injury, property damage, or death expenses.
You can file a third-party insurance claim with the trucking company’s insurance provider to cover your accident-related expenses. Our commercial vehicle accident lawyer serving Rowlett can help you compile and file the necessary documents with the insurer. They can also help you negotiate an acceptable settlement.
Liability Coverage Limitations in Trucking Accidents
However, the Rowlett trucking company will not always cover their driver’s accidents. One such instance where this can happen would be if the truck driver was off-duty when they caused the trucking accident. In this case, you would have to file a claim with the driver’s personal auto insurance provider instead. Private motorists must also carry liability coverage to shoulder their victims’ accident expenses.
Should You File a Truck Accident Lawsuit?
Our truck accident lawyer may advise you to file an accident lawsuit if the liability claims do not work out. Some instances where this could happen:
- The truck driver’s liability coverage is not enough to pay for your expenses.
- The truck driver harmed you on purpose (insurance companies typically do not cover a policyholder’s intentional behavior)
- The liable party is uninsured.
The civil court will review the case to decide whether you are entitled to recovery or not. Keep in mind that it may take several proceedings to reach a verdict—though the accident lawyer can represent and counsel you through all of them.
Statute of Limitations for Rowlett Truck Accident Cases
In Texas, the statute of limitations or filing deadlines for your Rowlett truck accident case is the same as other personal injury lawsuits. Texas law states that you generally have two years to file the case. The time limit is the same regardless of whether you got injured, only had your property damaged, or lost a loved one in the crash.
Complying with the filing deadline is crucial since the court will automatically dismiss late case submissions. However, if your lawsuit has tolling exceptions, the due date can move. For example, suppose you file the case directly against the truck driver. If the driver leaves for another state or country for any reason, the statute clock would only resume the countdown if they return to Texas.
Get Assistance With Your Truck Accident Case
Potentially facing a major trucking company should not get in the way of your right to recovery after a truck accident in Rowlett. If you want to take action, the law office of D. Miller & Associates, PLLC® has truck accident lawyers who can guide you through the steps in settling the claim or lawsuit. We can also represent you in negotiations, arbitrations, and court proceedings.
Since 2002, our legal team has worked with injury clients throughout Texas in various practice areas. Besides trucking accidents, we handle cases including defective drugs and medical devices, workplace injuries, and slip and fall accidents. Call us now. You can request a free case assessment by filling out our form online, as well.
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