Dealing with truck accident liability
Truck accident liability is something an experienced accident lawyer can help you determine. As an accident victim who has sustained serious injury, it is vital to understand how recovering compensation works.
The following are some common questions about truck accident liability.
Is the driver or trucking company liable in a truck accident?
If the truck driver is at fault for causing the accident, you can often hold both the company and driver accountable. A trucking company may try to avoid liability. They might claim the company didn’t own the vehicle or that the driver didn’t work for them.
Is there a deadline for filing a truck accident lawsuit in Texas?
Under Texas law, you have two years from the date of the accident injury to bring a lawsuit. However, if a loved one died as a result of the accident, the deadline period begins at the date of death. (Reference: Nolo)
How does Texas law determine truck accident liability?
Texas has a comparative negligence rule that applies to vehicle accident cases. If the truck driver was completely at fault, then your attorney can sue for the full cost of medical bills, lost wages and other expenses incurred due to the accident. However, if you were also partially at fault, the percentage of your fault reduces the amount recoverable. For example, if you were 20% at fault, you could recover 80% of the damages. If you are more than 50% at fault for the accident, you cannot sue to recover compensation.
What if the trucking company’s insurance adjuster wants you to make a statement?
You should not speak with the insurance company’s claims adjuster. Also, you should never sign anything. Instead, politely refuse and tell them you will consult with your attorney. Insurance company adjusters may appear concerned about your welfare. However, their job is to protect the trucking company’s interests.
Why not save the legal expense and settle with the insurance company?
Typically, the insurance agent representing the trucking company will offer the lowest possible settlement amount. Often this amount is not adequate to cover your expenses. This is especially true when you have suffered serious injury that could result in a lifetime of suffering. Severe injuries are common with large truck accidents. An attorney will work to help you secure the maximum amount possible to compensate for treatment along with pain and suffering..
Get legal help with 18-wheeler accidents
For several decades, the Office of Michael R. De La Paz has successfully represented clients in 18-wheeler accident cases in Houston, South Padre Island, Corpus Christi and throughout Texas. Arrange a free consultation to evaluate your potential case.