Do you have questions about a truck accident? We’re here to help. Still can’t find the answers you’re looking for? Reach out to us, and we’ll be happy to explain everything you need to know to understand truck accident cases.
Truck Accident FAQ
- How do you know who was responsible for a truck accident?
- Can I sue for damages if part of the fault for the accident was mine?
- Why is black box data important?
- What types of compensation can I seek after a truck accident?
- What are punitive damages?
- Is there a deadline for filing a truck accident claim in Texas?
- Who can be held at fault in a truck accident?
- How can a lawyer help after a truck accident?
- Are truck accident cases ever settled out of court?
- Why do I need a lawyer to handle my claim?
How do you know who was responsible for a truck accident?
Law enforcement and insurance companies investigate truck accidents to determine fault. Investigations often involve examining physical evidence, reviewing traffic laws, obtaining witness statements, and analyzing the truck's black box data.
Can I sue for damages if part of the fault for the accident was mine?
Under Texas's comparative negligence laws, you may still recover damages even if you were somewhat at fault, as long as you are not more than 50% responsible for the accident. However, the court will reduce your compensation based on the fault you carry. For instance, 10 percent at fault and receiving $100,000 for your losses reduces your damage recovery by $10,000.
Why is black box data important?
All drivers of big rigs are subject to federal and state laws regarding the number of hours they can drive, and they must take mandatory rest breaks. Drug testing and regular vehicle maintenance are other rules. By examining the black box on the truck, an injury lawyer can determine if those rules were broken, which would leave the trucker liable.
What types of compensation can I seek after a truck accident?
You may obtain compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. Each case is different, and a truck accident attorney in Houston would help determine your compensation.
What are punitive damages?
Punitive damages are awarded when an egregious situation exists. They differ from other damages in that they are not compensation for losses. Instead, punitive damages are meant to punish the at-fault party and eliminate their behavior in the future.
Is there a deadline for filing a truck accident claim in Texas?
Texas has a statute of limitations for personal injury claims connected to truck accidents. This statute of limitation is two years from the accident date, with a few exceptions. It is important to file a claim within this period to preserve your right to seek compensation.
Who can be held at fault in a truck accident?
Depending on the accident and its circumstances, several parties can be at fault for the truck accident. This list includes the truck driver, the trucking company, the truck's owner, the vehicle's manufacturer or parts maker, and even the cargo loaders if improper loading contributed to the accident. Determining liability can be challenging, so conducting an investigation is essential.
How can a lawyer help after a truck accident?
A lawyer can assist by investigating the accident, identifying responsible parties, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They can help protect your rights and pursue the maximum compensation for your damages.
Are truck accident cases ever settled out of court?
Many truck accident cases are settled out of court through negotiations between the parties and their insurance companies. Settlements can require less time and avoid the unknowns of a trial. However, the case may proceed to court if the parties cannot reach a fair settlement. A lawyer can advise you on the best course of action based on the specifics of your case.
Why do I need a lawyer to handle my claim?
Truckers carry significant insurance policies, and trucking companies often have a battery of lawyers at their disposal to defend them against claims. In addition, a lawyer knows how to protect your rights and has the experience and resources to conduct a thorough investigation to hold all liable parties responsible.