Truck accidents are far more severe than motor vehicle accidents. Commercial trucks are massive vehicles, so injuries sustained in these accidents are often catastrophic. Texas is one of the states with the highest truck crash fatalities.
Texas recorded more than 6,200 commercial vehicle accidents in 2022 alone, resulting in injury. This highlights how much of a risk trucks pose on the road and how serious accidents can be.
If you are involved in a truck accident, you need to learn how to navigate the legal process and maximize your potential compensation.
Who May Be Liable After a Truck Accident?
Texas follows a fault-based system for accidents. This means the party responsible for a truck accident must pay for the resulting damages.
That said, several parties may be liable for a truck accident. These include the following:
- Truck drivers. Drivers do not always stick to traffic rules (or their company rules). They often speed, become distracted, or drive under the influence of alcohol or drugs. If this is true in your case, you can hold them accountable for your losses.
- Trucking companies. A driver’s employer can also be liable for an accident if the driver is not trained properly or has no commercial license. Sometimes, employers push drivers to work longer hours, which leads to fatigue.
Some companies also neglect truck maintenance, which can become dangerous on the roads. - Truck manufacturers. If an investigation shows that a mechanical defect caused the accident, the truck manufacturer may be liable for the accident.
- Cargo loaders. The cargo loaders may be held responsible if the truck carried an improperly secured load, causing the accident.
- Government entities. Sometimes, an accident is not entirely the driver’s fault. It may not even be their employer or the manufacturer’s fault. Sometimes, the blame can be placed on the government.
If a road is poorly maintained, vehicular accidents will inevitably happen. If traffic signals do not work, they contribute to accidents. In this instance, holding the relevant government body responsible is possible.
What to Do Immediately After a Truck Accident
What you do in the minutes and hours after an accident will affect your legal case. If you want to strengthen your claim, you should:
- Call 911 immediately after the accident. Even if there are no serious injuries (at first glance), you must call 911. When the police arrive, an officer will create an official accident report. You will need a copy of this report to file a personal injury claim.
- Get medical attention. Even if you think your injuries are minor, you must get a medical evaluation. Some injuries only show symptoms hours, days, or weeks later, like internal bleeding or whiplash. If you get a medical checkup fast, these issues can be spotted and treated immediately.
- Get the evidence you need. While on the scene, try to capture photos of the damage to your car and the truck. If there is obvious road damage or broken traffic signals, take photos. You should also photograph any visible injuries on your body.
- Ask for witness information. A massive truck accident is bound to draw a crowd. Ask if anyone saw what happened. If they did, get their contact information. This way, you can get a statement from them.
However, do not wait too long to get these statements, as memory becomes unreliable. You want to get factual statements that can help your case. - Do not admit fault. It is human nature for most people to want to apologize after an accident. Doing this at the accident scene could be misconstrued as taking the blame for the accident. When you speak to the police or your insurer, simply state the facts. Do not speculate about anything regarding the accident.
- Consult a lawyer. If you want to file a claim for injuries and property damage, you should hire a lawyer. An experienced truck accident attorney is well-versed in Texas law and is your best chance of getting a proper settlement.
Factors That May Influence Your Settlement
The amount of money you are awarded after a truck accident will depend on several factors.
For instance, you may be compensated more if you are severely injured. Severe injuries usually include traumatic brain injuries, broken bones, burns, organ damage, and spinal cord injuries.
The medical care you need will also affect your settlement. If you need long-term care, surgeries, and rehabilitation, you will need a settlement that covers all these expenses. The same applies if you need a wheelchair or prosthetics. Your settlement must cover the cost of these devices.
Furthermore, if you cannot work after the accident, you can claim for lost income due to missed workdays. If your doctor confirms you cannot return to your old job, you can also claim for future lost earnings.
It is also possible for you to get a payout that includes money for pain and suffering. This is called non-economic damages and includes elements like PTSD, anxiety, depression, emotional distress, and physical pain.
Your settlement should also cover the damages to your vehicle, whether it needs to be replaced or repaired.
Maximizing Your Settlement
Your lawyer can help you build a strong case and maximize the settlement amount. First, important pieces of evidence need to be preserved. These include your medical records, pain journal, and the black box data from the truck.
Your lawyer will also speak to insurance adjusters on your behalf. Personal injury lawyers are well prepared for any insurer tactics to minimize your claim. They can counter this with indisputable evidence.
It is important not to settle your case too quickly. If the insurer notices you are hurrying to settle, they will offer you a lowball settlement.
Be Strategic to Maximize Your Settlement
With an experienced counsel on your side, you will prevent the insurer from denying responsibility. Your lawyer will use evidence to prove the at-fault party caused the accident. Medical records and expert testimony are useful to prove the severity of your injuries.
If you have been injured in a truck accident, hire a reputable lawyer as soon as possible to get the compensation you need.
