If I Have Been Injured In A Truck Accident Can I Sue The Trucking Company?

If you were injured in a truck accident a negligent trucker caused, we can help you file an insurance claim or lawsuit to help you hold their employer financially responsible for your injuries and financial damages. When a truck driver acts in a negligent manner and causes other motorists to suffer injuries, their employer—usually a trucking company or other large corporation—is legally liable to cover these losses.

If you believe you have a viable case against a trucking company, or if you want a free case review to better understand your rights after a crash, the Houston personal injury attorneys at D. Miller & Associates, PLLC, are here to help. Call us today at 713-850-8600.

What Damages Are Available After a Truck Crash?

It probably comes as no surprise to you how much an 18-wheeler accident can cost. Serious injuries lead to massive hospital bills, inpatient rehabilitation, and outpatient therapy. If you cannot work, you will miss your regular wages, as well. This is before we even consider other expenses, such as repairing or replacing your car.

We can often recover all of these damages and more from the trucking company. While a large payout cannot take away how much you struggle to overcome your injuries, it can ease your stress throughout the process.
Some of the most common damages we collect include money for:

  • Medical bills;
  • Ongoing care;
  • Future medical care needs;
  • Current and future lost wages;
  • Mobility equipment, wheelchairs, and other assistive devices;
  • Equipment to allow greater accessibility in your house;
  • Property damage, including repair or replacement of your vehicle;
  • Other accident-related expenses; and
  • Pain and suffering damages.

Do I Need to File a Lawsuit?

In most cases, a Houston 18-wheeler accident attorney can recover the compensation without taking a claim to court. Our lawyers follow a process to build a strong claim and pursue the financial settlement our clients deserve.

Fully Investigate Every Accident

Your truck accident attorney in Houston will interview witnesses, visit the crash site, and even work with accident reconstruction specialists to better understand how and why the crash occurred.

Build a Strong Case

Our goal is to build a strong case proving the truck driver acted negligently. Then, we just need to show they were on-the-clock at the time of the crash, and we can hold the trucking company liable.

File a Third-Party Liability Insurance Claim

Once we have all the evidence we need to prove negligence and liability—and we estimate the value of your damages—we can file an insurance claim with the trucking company’s insurer. Usually, this comes in the form of a demand letter outlining our evidence and your damages. We send this to the insurance company or the trucking company’s legal team.

Negotiate a Fair Settlement

Trucking companies almost never pay the first demand amount we request, instead offering us a much lower counter-offer. This launches settlement negotiations, where we aggressively fight for the full value of your case. We will not settle for less than a fair settlement for you, including the payout you need for ongoing or future care for your injuries.

File a Lawsuit Against the Trucking Company

Only rarely do we need to litigate a trucking accident case. However, when we do, we usually have to take on a team of corporate attorneys who will do anything they can to reduce the payout you receive for your injuries. We represent you through the legal process, filing all paperwork, going before the judge on your behalf, and asking the court to award you fair compensation.

How Do I Prove Who Was Responsible for My Crash?

There is more evidence available in a trucking crash than in most car accidents. Much of this evidence comes from state and federal laws that require truck companies to record and report information about their operations. For this reason, much of the evidence we need is in the possession of the trucker’s employer.

When we accept your case, we take quick action to ensure the trucking company collects and preserves vital evidence, such as:

  • Driver rest logs;
  • Digital data from the truck’s onboard computer;
  • Driver drug and alcohol test results required after the crash;
  • Driver personnel and medical records;
  • Truck maintenance records and checklists;
  • Truck dash cam video; and
  • Documentation of the damage to the truck.

In addition, we will uncover any other available evidence of negligence and liability through our comprehensive investigation, including:

  • Police reports;
  • Witness statements;
  • Video of the crash from a local business;
  • Pictures from the scene;
  • Documentation of the damage to vehicles; and
  • Your medical records.

How Long Do I Have to File a Lawsuit?

After a truck crash, you have limited time to file suit. Under the statute of limitations, you have two years from the date of the accident or the discovery of your injuries to sue the trucking company.

If we do not file an insurance claim and request compensation for your accident damages during this time period, it becomes much more difficult to get the fair payout you deserve. Knowing we have the option of filing a lawsuit gives the trucking company the motivation necessary to offer us a much larger settlement.

How Can I Talk to a Lawyer?

If you suffered injuries in a truck accident in or around the Houston area, D. Miller & Associates, PLLC, can help you understand your options for compensation and fight for the payout you deserve. Call us today at 713-850-8600 for your complimentary case evaluation.