If you suffered injuries in a semi truck crash, the attorneys at D. Miller & Associates, PLLC, may be able to hold the trucking company responsible for the damages the driver caused. This could include money to pay your medical bills, cash to cover your lost wages, and compensation for a number of other tangible and intangible damages. We will file a liability insurance claim or personal injury lawsuit on your behalf to recover the payout you deserve.
Our semi truck accident team is standing by to evaluate your case and explain if you are eligible to take action against the trucking company. We can explain your legal options, identify all potentially liable parties, and navigate the claims process for you. While we will first try to negotiate a fair out-of-court settlement in every case, we are not afraid to pursue a lawsuit if it is necessary to get the money you deserve. Call us at 713-850-8600 today for your free case evaluation with an 18 wheeler and semi truck accident lawyer in Sugar Land.
Who Is Financially Responsible When a Semi Truck Driver Causes an Accident?
Even when a semi truck driver acts carelessly or recklessly—such as by speeding or engaging in another negligent driving behavior—they are rarely our primary liable party in a truck crash claim. Instead, a legal doctrine known as vicarious liability allows us to hold the trucker’s employer financially responsible for your losses.
Under this doctrine, employers are liable for the actions employees take while they are on the job. In this case, the trucking company is legally responsible for the damages that occurred when the driver acted in a negligent manner and caused your crash. We can file our insurance claim with the trucking company, based on its corporate liability policy.
Taking on a trucking company is more difficult than facing an individual. This is because most of these businesses have large legal teams with even larger budgets dedicated to paying injured victims as little as possible. There is an upside, though. By filing a claim based on a corporate policy, we gain access to coverage with a much higher limit than an individual’s policy would cover. This is especially good news if you need ongoing or future care that might exceed the limits of other policies.
How Can We Prove Liability in a Sugar Land Semi Truck Crash?
We fully investigate every accident, ensuring we understand all aspects of how the crash occurred and why. Like other motor vehicle accidents, we rely on a variety of evidence to build a strong case on your behalf. This includes the police report, witness testimony, pictures and video of the crash scene, your medical records, and other documents. In some cases, we call on an accident reconstruction team to help us document exactly how the crash occurred.
Truck accidents also give us a wealth of other evidence not available in most collisions. Most of this evidence stems from state and federal laws that require trucking companies to collect a wide variety of data. Some of the evidence we can collect in an 18 wheeler accident may include:
- The trucker’s rest logs;
- Data from the onboard computer in the truck;
- Dash cam video, when available;
- Post-accident drug and alcohol testing results; and
- Truck maintenance records.
To gain access to this evidence, we need to notify the trucking company of our intent to file a claim and demand it collects and protects any available evidence. To do this, we send a spoliation letter as early in the process as possible. Delaying this letter could mean losing access to key evidence in your case. That is why it is important to contact us as soon as possible after your crash.
How Can a Lawyer Help Me Get All the Money I Deserve?
One of the dangers of trying to handle this type of claim on your own is underestimating the value of your case. Many victims who suffer injuries that will require ongoing medical care, like brain injuries or spinal cord damage, do not take these future costs into account when they file their claim. We recommend talking about your case with us before agreeing to any settlement with the insurance company, even if you handle the claims process on your own. In our experience, clients who try to put a value on their claim on their own usually leave a lot of money on the table.
When we manage your trucking accident claim, we collect documentation of all accident-related losses, including your out-of-pocket expenses, future care needs, and evidence to support our request for pain and suffering damages. Only once we have done this can we begin to put a fair settlement value on your claim and send our demand letter to the insurance company.
How Does the Claims Process Work?
We can settle most semi truck accident claims out of court. This is possible by approaching the trucking company’s legal team or insurance company with a strong case. We demand compensation based on your losses, and show the case we have built against their driver. In most cases, this leads to settlement negotiations, and eventually we can reach an agreement on a fair payout.
Rarely, the insurance representative or trucking company leadership balks at our demand and refuses a fair settlement. When this occurs, we will not hesitate to take your case to court. No corporation is too large. We fight aggressively for the full payout due to every client, whether that is in settlement negotiations or in front of a judge.
How Can I Talk to an 18 Wheeler and Semi Truck Accident Lawyer in Sugar Land?
At D. Miller & Associates, PLLC, our semi truck collision lawyers are ready to help you get the compensation you need and deserve. We can help you hold the trucking company responsible after an employee causes your crash. We offer complimentary evaluations to help you understand your legal options and guide you through the claims process to recover your payout. Call our office today at 713-850-8600 to discuss your case with an attorney in Sugar Land.