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In the aftermath of a truck accident in Texas, your immediate actions are crucial for your safety and the success of any legal claims. Truck accidents often result in severe injuries and significant property damage, so your steps immediately after the collision can directly impact your recovery and any potential compensation.
The first priority after a truck accident is safety. If you are able, move to a safe location away from traffic. Check yourself and others involved for injuries. Even if you feel fine, seeking medical attention as soon as possible is essential. Some injuries may not be immediately apparent, and a thorough medical evaluation can document any trauma, which is vital for legal purposes.
In Texas, it’s legally required to report any motor vehicle accident that results in injury, death, or significant property damage to law enforcement. Call 911 and wait for the police to arrive at the scene. Provide them with accurate information about the accident, but avoid making speculative statements or admitting fault. The police report will be an important document for any subsequent legal action.
While waiting for law enforcement, gather as much evidence as possible. Information includes taking photographs of the accident scene, vehicle damage, skid marks, road conditions, and any visible injuries. Collect contact information from witnesses and other parties involved in the accident. This evidence will be invaluable in building a strong case for compensation. Crash reports can be obtained online in Texas.
Texas has specific laws and regulations governing truck accidents, so understanding how these rules may affect your case is essential. Truck accidents often involve multiple parties, including the truck driver, the trucking company, and sometimes even the manufacturer of the truck or its parts. Large commercial vehicles are subject to safety rules on the state and federal levels. These rules are designed to protect motorists and often are the subject of investigation after an accident.
Texas follows a modified comparative fault rule, meaning that your compensation can be reduced if you are found partially at fault for the accident. However, you may not be entitled to compensation if you are more than 50% responsible. Gathering evidence demonstrating the other party’s liability is crucial to maximize your chances of receiving compensation. After a serious injury or fatal accident with a commercial vehicle, conducting an extensive investigation is critical for success in many cases.
In Texas, you have two years from the date of the truck accident to file a personal injury lawsuit. This
is strict; failing to file within this time frame can result in losing your right to pursue compensation. Therefore, it’s important to consult with a personal injury attorney as soon as possible after the accident to ensure that all legal deadlines are met.
Insurance companies play a significant role in the aftermath of a truck accident. However, they often prioritize their profits over your well-being, complicating your pursuit of fair compensation.
Insurance adjusters may contact you shortly after the accident to request a recorded statement. While this might seem like a routine procedure, it can be used against you later to diminish your claim. Politely decline to provide recorded statements until you consult an attorney.
It’s common for insurance companies to offer quick settlements after a truck accident, but these initial offers are often far below the actual value of your claim. Accepting a settlement too soon can prevent you from seeking additional compensation later, even if your injuries worsen. Having any settlement offers reviewed by an attorney before accepting them is advisable.
Truck accident cases are often more complex than typical car accident claims due to multiple parties’ involvement and the damage’s severity. Experienced legal representation can make a significant difference in the outcome of your case.
A skilled truck accident attorney will conduct a thorough investigation of the accident. Investigating includes obtaining and analyzing evidence such as truck driver logs, maintenance records, and data from the truck’s black box. The attorney may also work with accident reconstruction experts to determine the cause of the crash and identify all liable parties.
Read More: What to Know About Investigation of a Semi Truck Crash
Insurance companies have vast resources and experienced adjusters who aim to minimize payouts. An attorney with experience in truck accident cases understands the tactics used by insurance companies and can negotiate aggressively on your behalf to ensure you receive fair compensation for your injuries, lost wages, and other damages.
If a fair settlement cannot be reached through negotiation, your attorney may advise filing a lawsuit. This legal action can lead to a trial, where a jury will determine the amount of compensation you are entitled to. Having a lawyer prepared to take your case to court can often encourage insurance companies to offer a more reasonable settlement.
Understanding the common causes of truck accidents can help identify liability and prevent future accidents. Truck accidents are often the result of a combination of factors, including driver error, mechanical failures, and external conditions.
Truck drivers are often under pressure to meet tight deadlines, leading to long hours on the road with little rest. Fatigue can impair a driver’s reaction time and decision-making abilities, increasing the likelihood of an accident. Federal regulations limit the hours a truck driver can be on the road without rest, but violations of these rules are common.
Read More: What you need to know about driver fatigue
Trucking companies must maintain their vehicles to ensure they are safe for operation. However, some companies may cut corners on maintenance to save costs, leading to mechanical failures such as brake malfunctions or tire blowouts. The trucking company can be liable when poor maintenance is a factor in an accident.
The weight and balance of a truck’s load can significantly impact its handling and braking capabilities. Overloading a truck or improperly securing the cargo can cause the driver to lose control, especially in adverse weather conditions. In such cases, the party responsible for loading the truck may be liable for the accident.
After a truck accident, victims may be entitled to various forms of compensation, including economic damages and non-economic damages, depending on the circumstances of the accident and the extent of their injuries.
Truck accidents often result in serious injuries that require extensive medical treatment. Victims can seek compensation for all related medical expenses, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing medical care.
If your injuries prevent you from working, you may be entitled to compensation for lost wages. If the accident results in a permanent disability that affects your living ability, you may also seek compensation for loss of earning capacity.
Pain and suffering compensation is intended to cover the physical pain and emotional distress caused by the accident. This type of compensation is subjective and varies depending on the severity of the injuries and their impact on your life.
Victims can also seek compensation for repairing or replacing their vehicle and any other personal property damaged in the accident.
Truck accidents in Texas can have devastating consequences, but knowing what to do in the aftermath can help protect your rights and increase your chances of obtaining fair compensation. If you have questions– call the Texas truck accident attorneys for help. By following the proper steps, understanding your legal options, and securing experienced legal representation, you can navigate the complex process of a truck accident claim more effectively.
Get Your Free Consultation- With a Houston truck accident attorney– Call (281) 893-0760 24-7
