If a truck driver acted carelessly or recklessly and it caused your Texas accident, you may be able to recover compensation to pay your medical bills, property damage, and other damages. You can file an insurance claim or a personal injury lawsuit to hold the driver or their employer accountable for your accident and injuries. A truck accident lawyer in Beaumont can help you navigate the claims process.
The truck accident team at D. Miller & Associates, PLLC, can help you determine if you have a valid case against the negligent driver or their employer. Our attorneys know what it takes to win a truck accident case and we will fight for a full payout on your behalf. We can identify all liable parties, explain the claims process, and handle each aspect of your case.
Call us today at 713-850-8600 to schedule a free case evaluation.
Damages Recoverable in a Beaumont Truck Accident Claim
If we can prove a truck driver caused your accident, we can demand compensation for your damages from the insurance company. To ensure we recover the full value available to you, we need investigate your accident and collect documentation of all of your damages. Using the evidence we collect, we can calculate the value of your damages and use the total to negotiate a fair settlement. This could mean putting together a file that includes:
- Your medical bills;
- Bills from your rehabilitation and therapy;
- Estimates of ongoing care or future medical needs;
- Documentation of your lost wages;
- Estimates of future lost wages;
- Documentation of lost benefits;
- Estimates for vehicle repair or replacement;
- Receipts from property damage repairs;
- Receipts from any out-of-pocket costs; and
- Evidence to demonstrate your pain and suffering.
Even when accident victims opt to file a claim on their own, they often come to us to ensure they are getting a fair settlement. Often, we are able to identify damages they overlooked. Had they not consulted us before signing the agreement with the insurance company, they might have had to pay for some expenses out-of-pocket.
Who Is Liable for My Truck Accident Damages?
Determining who is liable for a truck accident is not always as easy as it seems. Depending on the situation, the driver may be liable. In other circumstances, it could be the owner of the truck, or even the driver’s employer. In general, if the truck is:
- A privately owned carrier, the owner is likely liable—but this may or may not be the driver;
- A rented box truck, the driver or the rental company may be liable;
- A tractor trailer operating for a distributor, the distributor is liable;
- A tractor trailer operating for a trucking company, the trucking company is liable; or
- Another work truck, the driver’s employer is likely liable.
We can help you identify the liable parties in your case. As you can see, liability often falls on the large corporations that employ truck drivers. This is true almost any time the at-fault truck driver is on the job and working at the time of an accident.
The legal doctrine of vicarious liability states that the employer is responsible for any negligent acts their employees commit during work hours. This includes truck drivers, whether they are behind the wheel of a tractor trailer, dump truck, work van, wrecker, or another large vehicle. Because of this doctrine, most of the truck accident claims we file take on trucking companies or other businesses. No matter how big the company is, we are not afraid to fight for the compensation you deserve.
Building a Solid Case Against the Trucking Company or Other Liable Party
Before we can file a claim, we need to understand how your crash happened and why. This requires us to conduct a full investigation into the accident, including:
- Requesting copies of the police report and other documentation;
- Visiting and documenting the scene of the crash;
- Contacting and interviewing any eyewitnesses;
- Working with accident reconstruction specialists and other expert witnesses;
- Sending a spoliation letter to preserve evidence in the hands of the trucking company;
- Identifying and analyzing all possible evidence;
- Requesting copies of your medical records; and
- Collecting documentation of your damages.
There is often much more evidence to analyze in a truck accident case than in other car accident. This is because state and federal laws require the operators of commercial vehicles to keep strict records about drivers’ schedules and about the maintenance of the truck. Trucking companies must also conduct post-accident drug and alcohol testing, which may offer evidence the driver was under the influence prior to your crash. In addition, many commercial trucks have onboard computers and dash cams that allow us to better understand how an accident occurred. Often, this evidence is key in proving our case against the company.
Talk to a Truck Accident Lawyer in Beaumont, Texas
There is no reason why you need to try to navigate the truck accident claims process on your own. Recovering from a serious accident is difficult enough without trying to take on a team of corporate lawyers at the same time. Let the truck accident lawyers at D. Miller & Associates, PLLC, pursue the compensation you deserve.
We are not afraid to go toe-to-toe with any company, no matter the size. We can usually negotiate a fair settlement for our clients without having to file a civil suit, but we are not scared to litigate your case if that is what it takes to get you the money you need to cover your losses. We have won large payouts for clients in your shoes before. We will do everything in our power to do the same for you.
We from can help you understand if you have a valid claim and navigate the claims process for you. Call us today at 713-850-8600 for a free case review.