Truck accidents are among the most serious crashes, and they often result in severe injuries or fatalities. For people hurt in an accident, their priority is to take care of your health, but there are other concerns. It is essential to protect your rights to ensure that you get the compensation you deserve for your injuries. There are several things you should do after a crash to help receive fair treatment and will get the optimal payment for your damages.
Many accidents are significant, and police and medical personnel respond quickly. Sometimes the accident is somewhat minor, or there are no witnesses to contact law enforcement. It is always best to make sure that you call the police immediately after an accident. An accident report is helpful because it documents and proves the date, time, and location of the crash along with critical details of the incident. The police gather information for the report and take statements from drivers and witnesses. The law requires you to report the crash if the police do not visit the scene. The driver’s crash report is called a CR-2 or “Blue Form.” You must file a report whenever you are involved in an accident where there is an injury or fatality or when damages exceed $1,000.
It is helpful to understand the laws that govern accident claims in Texas. Texas utilizes the modified comparative negligence law that allows you to receive compensation for an accident, even if you are partly at fault. Many people think that they cannot collect if they had some blame in the crash, but this is not true. As long as you were less than half responsible for the crash, you can make a claim. Your percentage of fault will reduce your recovery. For instance, if you were 10% at fault for the accident and your damages were $100,000, you would get to a $90,000 recovery. Your attorney will work on your behalf to help prove the negligence of the other driver and your damages.
It is in your best interest to file a claim quickly following an accident. The Texas statute of limitations to file a personal injury claim is two years from the occurrence. After that period expires, you cannot recover damages. Do not wait to file a claim until the last minute. Truck accident cases are complex, and trucking companies often have legal teams working on the case from day one. You will need to gather critical data about the truck maintenance and driver logs, which can get “lost” after a while. Your attorney will review the details of the accident and work to obtain essential information quickly following the crash.
Don’t take the giving of a recorded statement to the truckers adjuster lightly. The purpose for the recording is not to learn the facts of the accident, but to get ammunition to use against you on your claim. Always consult the best attorney you can find, before agreeing to a recorded statement.
Following an accident, you want to protect your rights and get paid for the expenses you incurred due to your injuries.
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