Commercial vehicle crashes involve vehicles from normal cars to pick-up truck wrecks. The vehicles can weigh up to 80,000 pounds and require maintenance and care beyond those of a passenger car to operate safely on the roadways. This is especially critical when considering truck accident lawsuits in Houston, where the impact of such accidents is significant.
With special safety rules and the complexity of a case, truck crash litigation takes longer to develop and try to a jury.
Lawsuits can easily take up to two years from the filing date in Houston, Harris County, Texas, to get to trial due to the backlog of cases that most courts face and scheduling issues with multiple law firms and attorneys.
Although Harris County has implemented the fast-track procedure for some litigation, truck crash lawsuits are not well-suited to the fast-track model.
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Some truck accident litigation revolves around simple negligence on the part of the truck driver, and other cases are more complex, involving issues such as safety, training, and the condition of the truck or trailer, which require much more time to develop.
Fortunately, most commercial vehicles are now equipped with onboard computers, also called “black boxes,” which have streamlined the procedure for establishing critical facts such as the truck’s speed before the impact and the truck driver’s braking.
In contested cases, the services of an accident reconstruction expert may be required to assist the jury in understanding how the wreck occurred. If the case can be tried without an accident reconstruction, expert counsel should consider proceeding without one.
However, a simple car crash may be much easier to make your case, and a car accident lawyer can try a typical case in days instead of weeks.
Undoubtedly, compliance with the Federal Motor Carrier Safety Regulations becomes a big issue in many lawsuits involving professional truck drivers and motor carriers.
The regulations are very specific in establishing the minimum standard of care acceptable to protect the motoring public and truck drivers.
Each case is unique and must stand on its own merits. However, a common theme that runs through most cases against negligent drivers and trucking companies is that they failed to live up to the minimum standard of safety required of them under regulations.
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Commercial vehicle accident lawsuits usually begin with an injured person in an accident. Here are the steps most personal injury cases take in litigation.
Getting treated after an accident where you are injured is essential to your health and a case. Even if you do not go to the emergency room, seeing your primary care physician is a good step. Make sure you tell your doctors about all the issues that you have, no matter how minor they seem. Documentation of personal injury is essential for winning a personal injury lawsuit.
Provided you are not the cause of the accident, you have to claim with the truck driver’s insurance company. Filing an insurance claim with the at-fault party’s insurance company is the next step.
Be cautious when you speak with claims representatives. We recommend that you not give a recorded statement.
Claims adjusters are trained to get information from you that is helpful to the defense of their case.
We recommend that you get an attorney who focuses on commercial vehicle crashes rather than a general personal injury attorney. The trucking company will have a commercial insurance liability policy and have a team of top attorneys to defend your claim.
Getting a skilled 18-wheeler accident attorney puts you on an even footing.
You can be certain that the insurance company will investigate the case and will be looking for evidence that they can use to defend your claims.
Having an attorney who has a quick response team can begin your investigation immediately.
The purpose of an accident investigation includes:
Your lawyer will send a demand letter to the insurance company on behalf of the trucking driver. The demand letter explains why the trucking company and truck driver are responsible and outlines the amount you will accept in settlement of the case. The demand generally leads to a negotiation between the parties with an attempt toward settlement.
Most cases settle without going to court.
If a fair settlement cannot be reached through negotiations, your lawyer may file a lawsuit seeking damages to be determined by a jury.
Statute of Limitations in Texas
This lawsuit must be filed within two years of the date of the accident under the Texas statute of limitations.
Discovery
The discovery process can last several months. It is used to get information from the other parties. And identify witnesses. Experts and claims.
Typically, discovery includes written questions called interrogatories, sworn testimony in the form of depositions, requests for production asking for documents, and requests for admissions seeking to narrow the scope of the case.
The Trial
The parties present their evidence during the trial. The plaintiffs or the attorneys for the injured parties usually go first. Contact a Houston truck accident attorney for help in filing a lawsuit.
A free consultation is an easy way to learn about your rights, options, and next step. (281) 893-0760
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Find a local truck accident lawyer for your case if you have been injured in a big rig crash or lost a family member. Out-of-state counsel is at a serious disadvantage.
Contact The Houston Truck Accident Lawyers for Help. If you have been injured in an accident in Houston, TX, and need help, contact our Houston truck accident lawyers (Top-Rated) by calling (281) 893-0760.
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