When a commercial truck driver causes a Texas accident, the victims have the legal right to hold the driver’s employer liable for their damages. If you were in an accident with a negligent trucker, you likely qualify to file an insurance claim or personal injury lawsuit against the trucking company to recover compensation. This may include money to pay medical bills, make up for lost wages, and even cover your pain and suffering damages.
At D. Miller & Associates, PLLC, we offer free case reviews with an 18 wheeler and semi truck accident lawyer in Baytown. We can meet you in your home, in the hospital, or at our office. We listen and discuss your accident and help you understand your best option for recovering the money you deserve. If we believe you have a valid case against the trucking company, we will handle your case for you on a contingency basis. This means you do not pay our attorney’s fees unless we get a payout on your behalf.
Call us today at 713-850-8600 to get started.
Damages Available in a Baytown 18 Wheeler and Semi Truck Accident Case
If you can prove the trucker caused your accident and their employer is liable, you can recover a wide range of damages related to the crash. If we handle your case, we will not only work to prove liability, but will identify and collect evidence to prove the full value of your claim. This evidence allows us to total the expenses and losses you suffered and use this number to ensure a fair payout.
The types of damages we may be able to recover on your behalf include:
- Medical expenses;
- Future or ongoing care;
- Lost wages and future lost income and benefits;
- Other accident- or injury-related expenses;
- The cost to repair or replace your vehicle; and
- Pain and suffering damages.
After our initial consultation, we can go to work immediately on investigating your accident. We can build a solid case connecting the trucker’s actions, the crash, and your damages. Then, we send a demand letter to the trucking company and its insurer requesting compensation for your medical care, out-of-pocket expenses, and other losses.
Who Is Liable for an 18 Wheeler and Semi Truck Injury Accident?
In most truck accident cases, we pursue compensation from the trucker’s employer. Generally, this is a trucking company or a large corporation. This is possible because of the legal doctrine of vicarious liability. Employers are legally responsible for the actions employees take while they are working, including their negligent actions. When a trucker breaks traffic laws or state or federal motor carrier regulations, their employer is liable for the damages these actions cause.
Trucking companies and other corporations that operate a fleet of semi trucks usually carry large corporate liability policies to cover this type of event. These policies typically have much higher limits than any individual driver could carry. This means we can sometimes recover the compensation necessary to pay for your full compensatory damages—as well as ongoing care costs and pain and suffering—without worrying about policy maximums.
Proving Fault and Liability in a Semi Truck Crash Case
When you enlist our help with your case, one of the first things we do is investigate exactly what caused your crash, why it happened, and how. We need to prove the trucker’s role in it and the full range of damages you suffered.
During our investigation, we identify all available evidence. This may include:
- The police report and any other information police collected at the scene;
- Statements from witnesses who saw the crash;
- Pictures from the accident scene, including damage to vehicles;
- Video of the crash, if available; and
- Your medical records, bills, receipts, and other documentation of your damages.
In addition, there is a wealth of evidence available to us thanks to state and federal laws that regulate the trucking industry. Unfortunately, though, the trucking company has possession of this evidence. To fully understand and prove your case, we need to obtain and analyze this evidence. This may include:
- The trucker’s rest logs;
- Data from the truck’s onboard computers;
- Dash cam video of the crash;
- Mandatory drug and alcohol test results;
- Maintenance records for the truck; and
- Driver employment information, including certification and performance records.
We have to act quickly to preserve this evidence and request access to it after a crash. As soon as we know about your case, we will take action. We send a spoliation letter to the trucking company to ensure it preserves all possible evidence.
The Tractor Trailer Accident Claims Process
We can settle most tractor trailer accident cases we handle without ever going to court. Most end in a settlement agreement between the victim and the trucking company’s insurer. When we first approach the trucking company, we demand a certain payout based on the value of your claim. We point to supporting evidence of liability and document your losses and expenses.
When the trucking company, its legal team, and its insurance company receive this letter, they typically respond with a much lower settlement offer. In most cases, this is far below what we can accept since it would leave you paying for many of your accident-related expenses out of your own pocket.
When this occurs, we engage in settlement negotiations—a back and forth process that usually results in us getting a fair settlement that covers your damages. Only rarely will the trucking company and its insurer balk at paying out a fair settlement after we present a strong case on your behalf.
If the company refuses to offer a fair settlement, we are not afraid to litigate any case. We will help you sue the trucking company and ask the court to award the compensation you deserve.
Talk to an 18 Wheeler and Semi Truck Accident Lawyer in Baytown
At D. Miller & Associates, PLLC, we can help you understand what to do after a truck accident. We will navigate the claims process and pursue the payout you deserve for your injuries. We know what it takes to win a complex commercial truck case and will do everything we can to secure the money you need and deserve.
Call us today at 713-850-8600 for a complimentary case evaluation.
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