Texas Commercial Truck Accident Attorney: Fighting for Your Rights

Don't Let Truck Accidents Ruin Your Life

Have you been involved in a commercial truck accident in Texas? Don't let the aftermath of the accident overwhelm you. A Texas commercial truck accident attorney can help you navigate through the complex legal process and fight for the compensation you deserve. It's crucial to understand your rights and take immediate action to protect yourself.

Introduction

You never know when a truck accident might occur, and unfortunately, they are often catastrophic. Commercial trucks are massive vehicles that can cause extensive damage and severe injuries. According to the Texas Department of Transportation, there were over 37,000 commercial vehicle accidents in Texas in 2020.

When you find yourself in such a distressing situation, it's essential to have a dedicated and experienced attorney by your side. A knowledgeable Texas commercial truck accident attorney understands the intricacies of the legal system and can help you build a strong case against the responsible party.

Understanding Commercial Truck Accidents in Texas

The Unique Nature of Commercial Truck Accidents

Commercial truck accidents differ from regular car accidents in several ways. The sheer size and weight of these vehicles often result in more severe injuries and extensive property damage. Additionally, the regulations and laws surrounding commercial trucks are complex and require specialized knowledge to navigate.

In Texas, commercial truck accidents fall under the jurisdiction of both state and federal laws. The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for commercial motor vehicles that operate interstate, while the Texas Department of Public Safety (DPS) enforces regulations for intrastate commercial trucks. Understanding these regulations is essential when building a strong case.

Common Causes of Commercial Truck Accidents

According to TruckAccidents.org, negligence on the part of the truck driver is a leading cause of commercial truck accidents. This can include speeding, distracted driving, fatigue, or driving under the influence. However, it's crucial to identify all parties who might share liability, including the trucking company, maintenance providers, and even manufacturers in some cases.

Other factors that contribute to commercial truck accidents in Texas include:

• Improper loading of cargo
• Failure to maintain and inspect the truck
• Inadequate driver training
• Defective truck parts
• Unsafe driving conditions, such as inclement weather

The Devastating Impact of Commercial Truck Accidents

The consequences of a commercial truck accident can be life-altering. Due to the size and weight of these vehicles, collisions often result in severe injuries or even fatalities. Victims may suffer from:

• Multiple fractures and broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal organ damage
• Lacerations and disfigurement

Recovering from such injuries often requires extensive medical treatment, rehabilitation, and ongoing care. The physical and emotional toll can be overwhelming, leaving victims and their families with significant financial burdens.

Steps to Take After a Commercial Truck Accident

Ensure Your Safety and Seek Medical Attention

Your safety and well-being should be the top priority after a commercial truck accident. If you are able to do so, move to a safe location away from traffic. Check yourself and others for injuries, and if anyone requires immediate medical attention, call 911.

Even if you believe your injuries are minor, it's crucial to seek medical attention as soon as possible. Some injuries may not be immediately apparent, and a medical professional can identify and document any hidden injuries. This documentation is essential when seeking compensation for your damages.

Contact Law Enforcement and Report the Accident

It's important to notify law enforcement about the accident, even if it seems minor. Contact the local police or the Texas Highway Patrol and provide them with accurate information about the accident. The police report generated from their investigation can serve as valuable evidence in your case.

Remember to obtain a copy of the police report for your records. This report will contain details about the accident, statements from involved parties, and any citations issued. Your Texas commercial truck accident attorney will use this information to build a strong case on your behalf.

Collect Evidence from the Accident Scene

Gathering evidence from the accident scene is crucial for establishing liability and proving your case. If you are physically able, take photographs and videos of the scene from multiple angles. Document the damage to all vehicles involved, skid marks, road conditions, and any other relevant details.

Collecting witness statements is also vital. Speak with anyone who witnessed the accident and ask for their contact information. Their testimonies can corroborate your version of events and provide valuable insight into the cause of the accident.

Exchange Information with the Truck Driver

Exchange information with the truck driver involved in the accident. Obtain their name, contact information, commercial driver's license (CDL) number, insurance details, and the name of their trucking company. Provide the same information to the truck driver.

Keep in mind that commercial truck accidents often involve multiple parties who may share liability. Make a note of any other companies involved, such as the truck owner, maintenance provider, or cargo loader. Your attorney will investigate all potentially responsible parties and hold them accountable for their actions.

Document Your Injuries and Related Expenses

Proper documentation of your injuries and related expenses is essential when seeking compensation. Keep a record of all your medical treatments, including doctors' visits, hospital stays, surgeries, medications, and therapy sessions. Note any pain and discomfort you experience, as well as the impact these injuries have on your daily life.

Retain all medical bills, invoices, and receipts related to your treatment. This documentation will help calculate the financial damages you have incurred due to the accident. It's also important to track your missed workdays and lost wages, as you may be entitled to compensation for these losses.

Notify Your Insurance Company about the Accident

Notify your insurance company about the accident as soon as possible. Provide them with accurate information about the incident and cooperate with their investigation. However, it's crucial to be cautious when discussing the accident with insurance adjusters.

Insurance adjusters aim to minimize the amount they have to pay in claims. Be mindful of what you say and avoid admitting fault or downplaying your injuries. It's advisable to consult with a Texas commercial truck accident attorney before providing any statements to insurance companies.

Hire a Texas Commercial Truck Accident Attorney

After a commercial truck accident, it's in your best interest to hire a skilled Texas commercial truck accident attorney. Truck accident cases are complex, and having legal representation ensures that your rights are protected throughout the process. An attorney will guide you through each step, fight for a fair settlement, or take your case to court if necessary.

A Texas commercial truck accident attorney will:

• Investigate the accident thoroughly to establish liability.
• Negotiate with insurance companies to maximize your compensation.
• Gather evidence, including accident reports, medical records, and expert testimonies.
• Handle all legal paperwork and deadlines on your behalf.
• Represent your interests in court, if necessary.

Recovering Compensation for Your Damages

The damages resulting from a commercial truck accident can be immense. You may be entitled to compensation for:

Medical Expenses

Medical expenses encompass all costs associated with your treatment, including hospital stays, surgeries, doctor visits, medications, rehabilitation, and future medical needs. It's crucial to document all medical expenses and consult with medical experts to estimate any long-term care requirements.

Lost Wages and Diminished Earning Capacity

Commercial truck accidents often result in significant time away from work. If you have suffered injuries that prevent you from performing your job duties, you may be eligible for compensation for lost wages. Additionally, if your injuries have affected your ability to earn a living in the future, you may be entitled to compensation for diminished earning capacity.

Pain and Suffering

Physical pain, emotional distress, and psychological trauma resulting from a commercial truck accident can be significant. Compensation for pain and suffering aims to provide financial recognition for the non-economic damages you have endured. Determining the value of pain and suffering is challenging, and an experienced attorney will work to maximize your entitlement.

Property Damage

If your vehicle or other personal property was damaged in the accident, you may be eligible for compensation to cover repair or replacement costs. Be sure to document the damage and obtain repair estimates to support your claim.

Wrongful Death

In tragic cases where a commercial truck accident results in the loss of a loved one, surviving family members may pursue a wrongful death claim. This type of claim seeks compensation for funeral expenses, loss of income, loss of consortium, and the emotional pain caused by the loss.

FAQ: Texas Commercial Truck Accident Attorney

1. Can I file a lawsuit if the accident was partially my fault?

Absolutely. Texas follows a modified comparative fault system, which means you can still seek compensation even if you were partially at fault. However, your damages may be reduced based on your percentage of fault.

2. How long do I have to file a claim?

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, it's best to consult with an attorney as soon as possible to understand the specific deadlines applicable to your case.

3. Can I negotiate a settlement without hiring an attorney?

While it's possible to negotiate a settlement on your own, it's not recommended. Insurance companies often try to settle for the lowest amount possible. An experienced attorney knows the true value of your claim and can negotiate effectively on your behalf.

4. What if the truck driver was an independent contractor?

Even if the truck driver was an independent contractor, you may still have a legal claim against the trucking company or other parties involved. A Texas commercial truck accident attorney can help determine who is liable and guide you through the legal process.

5. Can I seek compensation for emotional distress?

Yes, you may be entitled to compensation for the emotional distress caused by the accident. This can include anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological injuries resulting from the incident.

6. How long does it take to resolve a commercial truck accident case?

The duration of a case depends on various factors, including the complexity of the accident, the severity of injuries, and the willingness of the parties to negotiate. Some cases may be resolved within a few months, while others can take years. An experienced Texas commercial truck accident attorney will strive for a timely resolution while ensuring your best interests are served.

7. What if the insurance company denies my claim?

If the insurance company denies your claim, don't lose hope. A skilled attorney can review the denial and help you pursue the compensation you deserve through further negotiations or by taking your case to court if necessary.

Summary

Dealing with the aftermath of a commercial truck accident in Texas can be overwhelming, but having a skilled attorney on your side can make all the difference. A Texas commercial truck accident attorney will fight for your rights, navigate the complex legal system, and ensure you receive the compensation you deserve for your physical, emotional, and financial damages.

Key points to remember:

• A commercial truck accident attorney understands the complexities of these cases and can identify all liable parties.
• Take immediate action after an accident, including seeking medical attention, collecting evidence, and contacting an attorney.
• An attorney will handle all legal aspects, negotiate with insurance companies, and represent your interests in court if necessary.
• You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and more.

Take Action Today

If you or a loved one has been involved in a commercial truck accident in Texas, don't wait another moment. Contact a Texas commercial truck accident attorney today to protect your rights and seek the compensation you deserve. Remember, time is of the essence, so act now to secure a brighter future.

Disclaimer

The information provided in this article is for general informational purposes only and should not be considered legal advice. Always consult with a qualified attorney for personalized guidance based on your unique circumstances.