You may be wondering how to file a lawsuit against a trucking company after suffering injuries in an accident. First, you must gather evidence of the trucking company’s negligence. You must then show how it caused your accident and prove your losses.
Filing a personal injury lawsuit after any accident can be complex and wrought with paperwork. A truck accident lawyer in Texas can handle that for you. This way, you can focus on what you can do—heal from your injuries.
A Truck Accident Lawyer Can Investigate Your Accident and Gather Evidence
After a truck accident, you can seek compensation through an insurance claim with the trucking company’s provider. When an insurance adjuster investigates an accident, they will determine fault, and they could try to shift some or all the blame onto you. Then, they may move to undervalue or completely deny your claim.
When this happens, a truck accident lawyer can investigate to refute the insurer’s findings. They can also gather various evidence to build your case, such as:
- The truck driver’s driving records
- The police report
- Traffic camera footage, dashcam footage, or footage from nearby surveillance cameras
- Photos of the accident scene and the damaged vehicles
- The truck’s black box data
- Eyewitness statements
They can also consult expert witnesses to help piece together what caused the truck accident.
Examples of Negligence that Can Lead to a Truck Accident
To sue a trucking company, you must show it, or the truck driver acted negligently. Even if the accident resulted from a human error on the truck driver’s part, you might be able to hold their employer, the trucking company, vicariously liable.
Some examples of negligence on the part of a truck driver or the trucking company include:
- Improperly loading and securing cargo
- Failing to abide by the Federal Motor Carrier Safety Administration (FMCSA)’s regulations, such as those regarding hours of service
- Failing to conduct pre-employment screening and licensing
- Inexperience on the truck driver’s part
- Failing to conduct regular inspections of the trucks and perform maintenance
Aside from the truck driver and the trucking company, other parties may share liability in your accident. For example, if a defective auto part caused or contributed to your accident, you could also hold the manufacturer liable. Similarly, if a hazardous road played a role in the crash, you could pursue compensation from the government agency that did not maintain it.
Our truck accident lawyers can identify and pursue all liable parties for their proportional fault.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Our Truck Accident Team Can Demonstrate Evidence of Your Losses
Truck accident injuries can be severe since trucks are much larger than passenger vehicles. You may have required emergency room care and surgeries, which can cost more than your family can afford. Your medical treatment may not stop there, either. You may require years of physical rehabilitation, for example.
A truck accident lawyer will compile evidence of your losses so you can seek fair compensation. For example, they may consult your doctors, gather your income statements, and consult expert witnesses who can give a professional opinion about your case. This can help them estimate your current and future accident-related expenses.
Aside from medical bills, your injuries may warrant compensation for:
- Lost income from the time you took off work to heal
- Reduced earning capacity if you cannot return to work or make your pre-injury income
- Pain and suffering
- Scarring and disfigurement
- In-home aid
When we receive offers from an insurer, we will assess them to make sure you do not accept a settlement that would only leave you footing the bill down the line. Remember, when you accept an offer from an insurer, they usually have you waive your rights to take legal action and seek more compensation later.
You Must File Your Truck Accident Lawsuit by the Deadline
Another thing to consider when filing a lawsuit against a trucking company is the statute of limitations. Texas Civil Practice & Remedies Code § 16.003 generally gives you two years to file a personal injury lawsuit from the accident date.
If you miss this deadline, the court can dismiss your case entirely, and you will lose your last chance to seek compensation from a liable party. A truck accident attorney can help you meet this deadline by keeping an eye on the clock while negotiating with an insurer. They can also work to make the process as smooth as possible.
Only you can start your case, however. The sooner you reach out to a law firm for help, the sooner an attorney can start working on your case.
Representing the injured in all areas of Texas that extends back over 40 years
See a Doctor After Suffering Injuries in a Truck Accident
The best way to protect yourself and a lawsuit against a trucking company after an accident is to see a doctor so you can begin treatment immediately. Only a physician can properly diagnose and treat your injuries, and your medical records can link your injuries to the accident. This can help your truck accident lawyer establish the liability of another party and seek fair compensation.
You deserve to make your maximum medical recovery, and if you delay or forgo treatment, your symptoms could worsen. Plus, an insurer may try to claim you contributed to your losses if you do not follow through with your treatment plan.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Carrigan & Anderson, PLLC, Can Lead Your Truck Accident Lawsuit
To learn more about how to file a lawsuit against a trucking company, call Carrigan & Anderson, PLLC, today. We can discuss your legal options and explain how a truck accident lawyer from our firm can help. We can lead your case while you recover from your injuries.
Call us now for your free consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.