Tractor-trailers transport many of our goods and supplies around the country. With so many trucks on the road at all times, it is possible that you or someone you know has been involved in an accident with one.
According to the Federal Motor Carrier Safety Administration (FMCSA), your accident might have happened for a number of reasons. Still, the medical expenses and property damage from your accident can impact your life in different ways.
Recovering from a tractor-trailer accident can be difficult if you do not have the funds to handle all of the expenses. Since the accident was not your fault, you may not have to handle all those expenses on your own.
If you are the victim of a tractor-trailer accident, you can file a lawsuit to help with your financial recovery. Consult with a tractor-trailer accident lawyer serving The Woodlands, TX to see what your legal options are. Call the office of D. Miller & Associates, PLLC at (713) 850-8600 to discuss your case with our team.
Understanding Your Rights
Under Texas law, you have the right to sue anyone that hurts you or damages your property. The goal of filing a lawsuit is to help with your financial, physical, and mental recovery.
You can hold the other person responsible for your expenses related to the accident and your recovery. This may relieve a lot of your financial stress and make it easy to focus on your health and getting your life back on track.
Determining Liability in Tractor-Trailer Accidents
The key to any lawsuit is determining liability. The police report about the accident, as well as testimony from anyone involved, can show who is responsible for the accident. Liability makes them financially responsible for fixing the damage that they have caused.
Because your accident was with a tractor-trailer, there is a chance that liability will extend to the company that owns and operates that tractor-trailer. When you file the lawsuit, it will likely be against both the driver and the company. This means that the company’s liability insurance can cover a large portion of your expenses.
Tractor-trailer accidents can result in extensive and serious injuries. Emergency medical care may be required after an accident. Unfortunately, that emergency care is expensive. Once you are cleared of any injuries that need immediate attention, you will have follow-up appointments with your primary care provider to make sure that you are healing properly.
Serious injuries may need specific treatment methods, such as physical therapy, to fully recover. All of these medical needs will create a significant impact on your finances and how you continue with your recovery.
Statute of Limitations
Deciding to file a lawsuit against the person that caused your tractor-trailer accident is an important first step. However, it is in your best interest to make that step as soon as possible. There is a limit on the amount of time that you have to file your lawsuit. This is called the statute of limitations, and every state has a different statute for different cases.
According to Texas Civil Practice and Remedies Code Chapter 16, you have two years from the date of your accident to file a lawsuit for personal injury (medical expenses) and property damage (damages to your car and other personal items). Two years may seem like a lot of time, but evidence becomes harder to find and witnesses can move during that time.
Also, many lawyers do not have the full two years to build a case, since many accident victims do not start the process until months into the statute of limitations. If you are not able to file by the deadline, your case may be rejected by the court.
To help you file a lawsuit and seek financial recovery, contact the office of a tractor-trailer accident lawyer serving The Woodlands, TX as soon as you are able. Reach out the office of D. Miller & Associates, PLLC at (713) 850-8600 to discuss your case and any other legal questions you may have.
Possible Financial Recovery
There are multiple damages that you can file a tractor-trailer accident lawsuit to help with your financial recovery. Medical expenses and property damage are two types of financial recovery drivers can seek. Medical expenses are an expensive issue to deal with after an accident, and many accidents result in medical treatment. Property damage covers the cost of repairing or replacing your vehicle, but can also cover the cost of repairing or replacing other items that have been damaged in the accident. For example, your cell phone or laptop might have been in the car and destroyed during the impact.
If you are out of work for an extended period of time, you may not be paid for the time that you have missed. You can file a claim or lawsuit to collect lost wages to replace the income that you have lost for missing work.
One type of damage is pain and suffering. Pain and suffering damage claims are intended to address the mental and emotional anguish caused by the accident rather than only focusing on the financial impact.
Contact Our Legal Team to Discuss Your Case
Recovering from a tractor-trailer accident can leave you with expenses that can make it hard to get your life back. Fortunately, a tractor-trailer accident lawyer serving The Woodlands, TX can provide legal guidance and help you decide what to do next. Contact the office of D. Miller & Associates, PLLC at (713) 850-8600 to discuss your case with our team.
Related Frequently Asked Questions
- My Loved One Was Killed In A Truck Accident, Am I Able To Sue?
- After An Accident With A Commercial Truck, Do I Sue The Company Or The Driver?
- What Happens If You’re Injured by a Drunk Driver Who Has No Car Insurance in Texas?
- Can I Sue My Employer If I Am Injured at Work?
- Are Trucking Companies Required By Texas Law To Have Full Coverage Insurance?