In Texas, you can hold the trucking company liable for the injuries you sustain in a crash a company driver caused. If you suffered injuries in an accident in Beaumont, you may be able to recover compensation by filing a third-party liability insurance claim or a personal injury lawsuit.
The lawyers at D. Miller & Associates, PLLC, offer free case evaluations. We can help you determine the best way to get the money you need and deserve. We will review the facts of your case and, if we determine you have a valid claim, we will handle the process for you.
Call us today at 713-850-8600 to talk to an 18 wheeler and semi truck accident lawyer in Beaumont. Your initial consultation is free and you owe us no legal costs unless we reach a settlement or win an award on your behalf.
Recoverable Damages in a Beaumont Semi Truck Accident Case
We can recover compensation for a wide range of damages, if we can show the truck driver caused your crash. To ensure we understand the full value of your damages, we investigate every case thoroughly. During this investigation, we identify evidence to support each of your accident-related losses. These losses often include:
- Medical care;
- Future or ongoing care;
- Lost wages;
- Future lost income and benefits;
- Out-of-pocket costs;
- Repair or replacement of your vehicle;
- Pain and suffering damages; and
- Wrongful death damages, if a loved one lost their life in the wreck.
The exact evidence available to prove the value of your damages varies, but some of the most common types of documentation we identify include:
- Copies of bills, including medical bills;
- Receipts for out-of-pocket expenses;
- Documentation from experts about your prognosis and future care costs;
- Estimates or bills for the repair or replacement of your car;
- Receipts documenting any other property damage; and
- Any available documentation of your pain and suffering, including your medical records or journals.
We cannot file an insurance claim or take other action against the trucking company until we have a good idea of the value of your damages. Once we have all of the evidence and can present a solid case for compensation, we can send a demand letter to the insurance company and consider negotiating a fair settlement.
Liability in an 18 Wheeler and Semi Truck Injury Accident
Semi truck accident cases work somewhat differently than a traditional car accident case, thanks to the legal doctrine of vicarious liability. This doctrine allows us to hold the trucking company liable for the negligent actions an employee took while behind the wheel. This means instead of filing a third-party liability insurance claim against the individual trucker’s insurance policy, we can file a claim based on the trucking company’s liability policy.
This large corporate liability policy usually has much higher limits than an individual driver would carry. This is especially important if you suffered severe injuries that may require ongoing care, such as a traumatic brain injury.
Evidence Necessary to Win a Texas Semi Truck Accident Claim
To hold the trucking company liable and recover the compensation you need, we have to build a solid case. This includes a full investigation of why and how your accident happened. We may also enlist the help of expert witnesses—including engineers, accident reconstruction specialists, and others—to help us understand how the crash occurred.
As a part of the investigation into your collision, we identify a wide range of evidence, including:
- The police report fromofficers on the scene;
- Witness statements from others who saw the crash;
- Pictures or video of the accident, the scene, and the vehicles involved;
- Video of the crash, when available; and
- Your medical records and other documentation of your injuries and damages.
The trucking company also has evidence we need to obtain and analyze, thanks to strict state and federal laws that require trucking companies and truck drivers to keep meticulous records. This evidence may include:
- The trucker driver’s rest logs;
- Data from the truck’s onboard computer;
- Dash cam video of the crash;
- Post-accident drug and alcohol test results, if the driver was intoxicated;
- Truck maintenance records; and
- Driver training, certification, and performance records.
To gain access to this evidence, we need to send a spoliation letter to the trucking company as quickly as possible. This letter legally obligates the company to preserve the evidence in the case and allows us to obtain a copy.
The Tractor Trailer Accident Claims Process
Most of these cases never go to court. Instead, they end with the victim and the trucking company’s legal team agreeing to a fair settlement. We begin this process with a demand letter that outlines our case and provides documentation of your losses. The insurance company usually fires back with a much lower offer, and we begin the settlement negotiation process. This may take back-and-forth discussion, but we can usually negotiate a fair settlement for our clients.
Rarely, the trucking company will balk at paying a fair settlement or its insurance company will deny the claim outright. When this happens, we have little choice but to take your case to court. We can file a personal injury lawsuit against the trucking company and ask the judge to award you the money you deserve. We are not afraid to litigate any case and no corporation is too big to take on. We will fight for the full payout you deserve in court.
Talk to an 18 Wheeler and Semi Truck Accident Lawyer in Beaumont
At D. Miller & Associates, PLLC, our semi truck accident attorneys can help you understand your legal options for holding the truck driver and trucking company liable for your injuries. The process to recover compensation through a third-party liability claim or personal injury lawsuit is often complex, but we will stand by your side until we get you the payout you deserve. We offer complimentary case evaluations and handle all truck accident claims on a contingency basis. You do not pay until we win compensation for you.
Call us today at 713-850-8600 to learn more.
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