When a semi truck driver acts negligently and causes you to suffer injuries in a Port Arthur crash, Texas law allows you to file an insurance claim or personal injury lawsuit to recover money to pay for your damages. An 18 wheeler and semi truck accident lawyer in Port Arthur can help you with this process. An attorney can often recover compensation that allows you to pay for your medical bills, ongoing care costs, and other expenses and losses.
At D. Miller & Associates, PLLC, our 18 wheeler accident attorneys offer free case evaluations. We will come see you in the hospital, visit your home, or schedule a time that works for you to visit our office. During this consultation, we will discuss your accident and injuries, and explain your options for filing a claim or otherwise holding the liable parties responsible.
Call us today at 713-850-8600 for your complimentary case review and consultation.
Recoverable Damages in a Port Arthur 18 Wheeler and Semi Truck Accident Case
As we help you navigate the process to file a claim or personal injury lawsuit, we will identify all of the losses and expenses you experienced because of the accident. Collectively, these economic and non-economic expenses are your accident-related damages.
After we fully investigate your accident, we can offer you an estimate of the value of your case. Some of the most common types of damages we recover for our clients include compensation for:
- Hospitalization and other medical expenses;
- Ongoing care costs;
- Lost wages;
- Lost benefits associated with not returning to work;
- Other related miscellaneous expenses;
- Repair or replacement of the wrecked vehicle; and
- Pain and suffering.
Some people want to handle their semi truck accident case on their own. Even if you decide to try to take on a trucking company and its legal team on your own, we recommend calling us before you sign anything. We may be able to help you get even more money. In many cases, we can find thousands of dollars people overlook when calculating their damages.
Liability in a Semi Truck Injury Accident
Liability in a crash with a commercial vehicle is somewhat complicated. This is because of a legal doctrine known as vicarious liability. Under vicarious liability, the employer of a negligent truck driver is most likely liable if:
- The trucker caused the crash;
- The trucker was on the clock at the time of the accident; and
- The trucker was engaged in work-related tasks at the time of the wreck.
This means we will file your third-party liability insurance claim against the trucking company’s large liability policy instead of an individual driver’s much smaller policy. This might allow us to recover more money for your ongoing care costs and pain and suffering if your accident caused serious injuries.
Collecting Evidence for a Port Arthur Semi Truck Accident Case
For every commercial truck crash case we handle, we conduct a full investigation. This investigation helps us prove the driver acted negligently and gives us leverage to hold the trucking company liable.
As part of our investigation, we may need to call in a number of experts, including:
- A survey team;
- Road or vehicle engineers;
- Trucking industry experts;
- Accident reconstruction specialists; and
- Health care experts who can explain your medical condition and future care needs.
We will also identify and collect evidence that includes:
- The police report and other evidence from police officers who responded to the scene;
- Witness statements from drivers and others who saw the crash;
- Video of the accident, if possible;
- A survey of the accident scene;
- Documentation of the damage to each vehicle involved;
- Your medical records; and
- Documentation of your injuries and damages.
Semi truck accidents often have more evidence than a car accident . This is because there are state and federal laws in place that require truck drivers and trucking companies to perform checks and maintain records that most motorists would not have. This could include:
- The driver’s rest logs, whether they are written, digital, or both;
- Any available data from the truck’s onboard computer;
- Dash cam video of the crash;
- The results of the mandatory post-accident drug and alcohol tests;
- Maintenance records for the truck;
- Any other records pertaining to the truck’s upkeep or safety; and
- Driver training, certification, and performance records.
This evidence is in the hands of the trucking company, so we need to send a spoliation letter as soon as possible after the crash to make sure the company preserves it. That is why we encourage you to contact our office as soon as possible after your wreck.
Recovering Money Through the Insurance Claims Process
There are two ways to recover compensation after a Texas tractor trailer crash:
- File a third-party liability claim and negotiate a fair settlement with the trucking company and its insurer; or
- File a personal injury lawsuit in civil court, present the case to a judge and jury, and ask them to award a payout from the trucking company.
In most cases, the first option is the best choice for our clients. We can generally reach a fair settlement based on our client’s damages, and the case never needs to go to court.
Once we complete our investigation, we begin the steps of this process:
- We send the insurance company a demand letter outlining our case;
- The insurer sends us back its own settlement offer;
- We counter this offer, beginning settlement negotiations;
- We continue until we reach a fair settlement that covers your losses and expenses;
- When we do, we ask you to approve the settlement;
- After signing the paperwork, the insurance company issues us a check; and
- We take out our fees, and you receive your money as quickly as we can process it.
Occasionally, a trucking company and its insurer will refuse a fair settlement. If the trucking company’s insurer refuses to settle your case, you can sue. If this occurs in your case, we are not afraid to take your claim in front of a judge. We will file a personal injury lawsuit in an attempt to recover the money you deserve.
Talk to an 18 Wheeler and Semi Truck Accident Lawyer in Port Arthur, Texas.
The D. Miller & Associates, PLLC, semi truck accident attorneys can explain your right to compensation, and help you understand the best options for getting the money you deserve. Tackling a commercial trucking accident claim is often complex, but we have the resources and experience to take on any corporation, no matter its size.
Our team offers free case evaluations and handles commercial trucking cases on contingency. You owe us no legal fees until we recover the money you deserve.
Call us today at 713-850-8600 to schedule your free case review.
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