Every year, tractor trailer accidents make up a large portion of trucking actions in the United States. If this happens to you, you might be able to sue the party who caused the accident and get your life back on track sooner.
To start the legal process or to determine if taking legal action is the best choice for you, discuss your case with D. Miller & Associates, PLLC™. Call us at (713) 850-8600 to discuss your case with our team and learn how a tractor trailer accident lawyer in Waco, TX, could help.
Understanding Your Rights
After an accident, you have the right to take legal action against the person or entity responsible.
For example, if the accident severely damages your car, replacing your car is expensive. Your insurance company could offer you a settlement, but it might not be enough to cover your vehicle costs. Filing a lawsuit could help you cover your vehicle costs.
Whether or not you have a case depends on the specifics of your accident. To get more information about your options in your case, discuss your case with a lawyer.
Determining Liability
Liability is an important part of your case since it determines who is responsible. This can be a bit trickier than other types of accidents since there could be other parties besides the driver who are liable. According to the Federal Motor Carrier Safety Administration, there are many different causes of accidents, including driver training, vehicle design, highway conditions, and weather. However, the truck driver is usually held responsible for the accident unless there are mitigating circumstances.
Since most trucks are used for work purposes, the companies that own and operate them can be held liable in specific conditions. For example, pushing the driver to drive for too many hours in a day, or failing to properly maintain vehicles, can make a company liable for damages. Your lawyer can determine liability in your case and adjust the lawsuit accordingly.
Statute of Limitations
If you decide to file a lawsuit against the other driver, then you might want to talk to a lawyer about it as soon as possible. You have a limited time to file your lawsuit. This is called the statute of limitations, and it is a common part of the civil law codes in every state. These deadlines allow victims to file lawsuits in a reasonable time after an incident so that evidence is still available, and people can move on with their lives.
According to Texas law, the statute of limitations for tractor trailer accidents in Waco, Texas, is two years from the date of the accident. If you fail to meet the deadline, a court could reject your case.
Make sure you give your lawyer as much time as possible to put your lawsuit together. Collecting evidence and finding witnesses can take a while, and most lawyers do not start building cases until months into the statute of limitations. Talk to a lawyer about your case as soon as possible to see if you need to act soon.
Common Tractor Trailer Accident Damages
Tractor trailer accidents can result in losses you were not counting on having, which can be challenging to handle because of your personal finances. Some of the most common expenses include:
- Medical needs: Your lawsuit can claim the care related to your injuries and your recovery. This includes emergency medical care, which can be expensive, even with insurance. Some victims also have ongoing care costs, such as physical therapy or surgery.
- Car repairs: Getting your car repaired or replaced can be expensive. This includes the cost of replacing it if the insurance company says it is damaged beyond repair.
- Other property damage: Your phone, clothes, and other property damaged in the accident can be claimed.
- Insurance premium increases: Being in an accident may raise your insurance premiums, even if you are not responsible for the accident. Over time, this increase will significantly raise the costs of your insurance.
- Lost wages: If you must miss work for a period, then you might not be paid for that time. That means that your finances could suffer. You can claim the wages that you lost in the lawsuit.
You could claim other types of damages in a lawsuit that are not listed here. Document as much as you can to make it easier for your lawyer to gather the required evidence. Discuss your case with our team at D. Miller & Associates, PLLC™, at (713) 850-8600, and learn more about how a tractor trailer accident lawyer in Waco, TX, could help you with your case.
Auto Insurance Settlements
An insurance policy should cover the tractor trailer, and the driver or the company that owns the tractor trailer should hold the policy. After the accident, the insurance company will likely contact you and could offer you a settlement. If this happens, you do not have to accept the agreement right away. Instead, you could have your attorney review the settlement. Initial settlements rarely offer enough to cover your expenses.
Your lawyer could negotiate on your behalf for a settlement that covers your needs. This process may take a little while to complete, but the results could be better than the initial agreement. For you, this means you might be able to end your lawsuit quickly and receive the financial compensation.
Contact Us to Schedule a Consultation
If you or a loved one is injured in a tractor trailer accident, you can take legal action to protect your finances and help you recover. To do this, you can discuss your case with a tractor trailer accident lawyer in Waco, TX. Call the offices of D. Miller & Associates, PLLC™, at (713) 850-8600 to speak with a member of our team.
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