Frequently Asked Questions
Who Is Liable for Your Injuries?
One of the possible at-fault parties is the truck driver. The driver might have been negligent for speeding or distracted driving. The person is responsible for taking reasonable precautions to ensure the safety of other motorists. Truck drivers have to inspect the rig regularly for maintenance. They could bear partial liability for a mechanical issue. Of course, they have to ensure the 18-wheeler does not have an overload problem with cargo. You could hold the truck driver’s employer liable as well. A trucking company is responsible for the vehicles and the drivers it sends out for deliveries. An employer is accountable for hiring and training practices. A lawyer could prove the carrier should have known the driver would be reckless during the hiring process. Evidence can point to inadequate training as well. Some employers pressure drivers to violate the federal hours of service to make deliveries. The resulting fatigue may have caused a crash. Truck manufacturers could owe victims money for an accident if a part was defective from the beginning. A producer could have created a flawed design or cut corners during production. Your lawyer can gather evidence to determine who was at fault for the truck collision.
When and Where Do Collisions Occur?
An estimated 31 percent of large truck accident fatalities occur between 6 a.m. and 12 p.m. Many people are on the road during the day. They might go to work in the morning and head to lunch during the afternoon. Truck drivers are likely to feel tired in the mornings as well. An accident has a higher chance of occurring during the early hours of the day. Another 25 percent of fatal collisions happen from 3 p.m. to 9 p.m. More drivers enter the roadways to return to work. Others might travel to eat out for dinner. Every year, roughly 34 percent of fatal semi-truck crashes happen on interstates and freeways. Interstates have higher speed limits and heavy traffic. However, over half of accidents are on other major roads.
Could the Truck Driver Have No Insurance?
Most truck collisions result in extensive vehicle damage. You likely have to spend a lot of money to fix your car, and you will want reimbursement from the other party. In other traffic accident cases, some liable motorists do not have insurance. You might have concerns about the truck driver’s insurance status. Texas requires truck drivers and carriers to have sufficient coverage to pay for damages in an accident. The minimum liability coverage depends on the type of commercial vehicle and cargo. A truck needs at least $300,000 if it weighs less than 26,000 pounds and transports household items. The minimum coverage increases to $500,000 if the 18-wheeler weighs more than 26,000 pounds. A truck driver needs to carry a minimum of $5 million in insurance if they deliver hazardous substances. If the truck leaves state lines, federal regulations require at least $750,000 in coverage. The requirement increases to $1 million for carrying oil, and a driver needs a $5 million policy for other hazardous substances. You do not need to worry about collisions with uninsured semi-truck drivers.
What if the Truck Is From Another State?
You could have gotten into a collision with a truck whose carrier is in another state. Even though the company is in a different jurisdiction, you can still receive compensation. However, filing a claim becomes more complex since the trucking company is less willing to cooperate. Some trucking companies do not contact the victims, and they drag out the process. The other party might not believe they owe people money due to being out of state. The insurance provider might behave the same way. A truck accident attorney can deal with companies from outside of Texas. Our firm does not put up with their antics and can get them to negotiate for fair compensation.
Who Can Sue in Fatal Truck Accident Lawsuits?
Fatal truck accidents typically go under the category of wrongful death. A living family member can sue on behalf of the victim. Usually, surviving spouses, children, and parents are the ones who can file a claim. Children of the deceased include ones the parent legally adopted. The select family members would be the ones to receive compensation for damages. Damages would include funeral costs and lost services. Siblings, grandparents, and other distant relatives generally cannot sue for compensation. If no family member starts a lawsuit, a personal representative can start a claim. A personal representative, or executor, manages the deceased person’s estate. A person can name the representative in their will, or the court can appoint one. However, the surviving family members could request the executor not file a lawsuit.
How Can an Attorney Help?
You have the opportunity to obtain the compensation you need. Truck accident lawyers are necessary since they investigate crashes thoroughly. Your attorney examines every piece of evidence and speaks to witnesses. Firms usually look into trucking companies to see if they hold liability. Claims usually have a lot of paperwork, and you can face a setback if you fill out a document incorrectly. A firm handles the paperwork for you, and you can focus on other tasks. Your lawyer negotiates with insurance companies to obtain a sufficient amount of money. People face an uphill battle when they take on a case without legal help. An attorney can appeal your case if necessary. You should find the right firm soon after an accident for the benefit of your claim.
How Much Is a Case Worth?
Truck accident lawsuits are never the same, and a person can walk away with a different settlement than someone else. The type and severity of your injuries affect the value of your claim. You could get more money for a catastrophic injury compared to a traumatic brain injury. Additionally, the length of your recovery can make a difference in your settlement. On average, an overnight stay could cost someone around $11,700. The bill could be much higher if you needed to stay for over a week. Individual hospital services can cost thousands of dollars. Your insurance might not cover specific injuries, and you have to pay the whole bill. A lawsuit can help reimburse the out-of-pocket expense. Emotional suffering can make a claim worth more. Some people develop post-traumatic stress disorder, and the court tries to compensate them as accurately as possible. Loss of guidance and consortium can maximize the worth of a truck accident case. Missing wages go toward the final settlement as well. A permanent injury could have impacted your ability to generate future income. Your attorney calculates what your lawsuit is worth after looking at the damages.
What Can You Expect the Carrier to Do?
When you file a claim, the trucking company prepares its defense. An employer hires field investigators and other experts to reconstruct the accident in their favor. Additionally, you should prepare for the carrier to spend plenty of money. The opposing side likely will have an attorney to aid them. Some defenses they might use include shifting blame onto the plaintiff and procedural arguments. You should get a lawyer to increase your chances of winning.