If a careless or reckless commercial semi truck driver in League City caused you to suffer injuries, you might be able to recover compensation from their employer. In Texas, you have the right to file an insurance claim or personal injury lawsuit against the trucking company. This could allow you to recover damages, including your accident-related losses and expenses. An 18 wheeler and semi truck accident lawyer in League City can help.
At D. Miller & Associates, PLLC, we can help you understand the viability of your case. We offer free case reviews and can explain what we believe is your best option for getting the compensation you need. Call us today at 713-850-8600 to schedule your complimentary consultation with a member of our team.
Recoverable Damages in a League City 18 Wheeler and Semi Truck Accident Case
While there are no guarantees, we will aggressively pursue compensation on your behalf. We will build a strong case and fight for the payout we believe you deserve. As a part of this process, we need to identify the losses and expenses related to your accident and injuries. Once we do this, we can give you an accurate estimate of how much your case could potentially be worth.
Some of the most common damages we recover through a successful insurance claim or lawsuit include:
- Medical care and related expenses;
- Ongoing care costs;
- Lost wages;
- Diminished earning capacity;
- Lost benefits if you cannot return to work;
- Related miscellaneous expenses paid out of pocket;
- Repair or replacement of your vehicle;
- Pain and suffering damages; and
- Wrongful death
Liability in a League City Semi Truck Injury Accident
In most crashes involving a commercial vehicle, a legal doctrine known as vicarious liability comes into play. Under this doctrine, employers are responsible for the negligence of their employees. As it pertains to a truck accident, this comes into play when a trucker:
- Acts negligently and causes the accident;
- Was working at the time of the accident; and
- Was engaging in work-related tasks at the time of the crash.
This means we do not pursue compensation from an individual truck driver after an accident. We do not need to file a claim or a lawsuit against the truck driver and attempt to recover compensation from a relatively small individual policy. Instead, we file a liability insurance claim against the trucking company’s substantial business liability policy. This can be especially important if you require ongoing care or cannot return to your previous job.
If you were injured in an accident with an 18 wheeler, we can help you collect the evidence necessary to file a claim against the trucking company.
Collecting Evidence for Your Tractor-Trailer Crash Claim
Accidents involving 18 wheelers and semi trucks are often much more complex than a typical car accident claim. We will need to have a good understanding of how the crash occurred before we can try to hold the trucking company liable.
We Will Enlist the Help of Experts
We can call in experts to help us identify what went wrong and how it led to your accident and your injuries. We may consult with:
- A survey team to document the accident site;
- Road or vehicle engineers to help us understand any automotive defects that played a role in the crash;
- Trucking industry leaders to explain how the driver should have reacted;
- Accident reconstruction specialists to demonstrate exactly what happened; and
- Medical experts who can discuss your prognosis, any impairments, and any ongoing or future care costs.
We Will Collect and Analyze Evidence
We will obtain the evidence we need to build a case and support your request for compensation. This documentation could include:
- The police report from the officers who responded to the crash;
- Witness statements;
- Video of the accident, if available;
- The damage to the truck and your car;
- Your medical records; and
- Documentation of your injuries, your expenses, and your losses.
We Will Fight to Preserve All of the Evidence Related to Your Crash
It is also paramount that we have a chance to look at any evidence in the possession of the trucking company. Early on in your case, we need to send a spoliation letter to the trucking company to ensure this evidence is preserved. The trucking company could have crucial evidence, like:
- The driver’s logs;
- Digital data from the truck’s computer;
- Video of the crash, if the truck has cameras;
- Post-accident drug and alcohol test results in the case of a drunk driving (DWI) accident;
- Truck maintenance records;
- Any other records related to the driver or truck; and
- The truck and trailer.
Navigating the Commercial Truck Accident Claims Process
In general, there are two ways you could potentially recover compensation after a semi truck crash in Texas. You can:
- File an insurance claim and negotiate a settlement agreement with the insurer and legal team representing the trucking company; or
- File a lawsuit in civil court and ask the judge and jury to determine the amount of damages.
We generally begin with the first options, since it saves you money and gives us much more control over the outcome of the case. If the insurance company refuses to offer a fair settlement, we will not accept the agreement. As long as the statute of limitations has not run out on your case, we can file a lawsuit to try to recover fair compensation.
Talk to an 18 Wheeler and Semi Truck Accident Lawyer in League City
At D. Miller & Associates, PLLC, our semi truck accident attorneys will help you understand the viability of your case and explain what we believe is the best option for recovering the money you need. We can help you navigate even the most complex accident claim. We will evaluate your case for free, and handle your claim on a contingent basis. You do not need to pay us any legal fees unless we recover compensation for you.
Call us today at 713-850-8600 for your complimentary case review.
Related Frequently Asked Questions
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- What Is the Deadline to File a Wrongful Death Lawsuit from an Auto Accident in Texas?
- My Loved One Was Killed In A Truck Accident, Am I Able To Sue?