What is a Truck Accident Personal Injury Case?
A truck accident personal injury case arises when a person is injured in an accident involving a commercial truck due to the negligence or recklessness of another party. The goal of such a case is to recover damages for the injuries sustained. Truck accident personal injury cases can be more complicated than other motor vehicle accidents for several reasons:
- Commercial trucks are subject to specific state and federal regulations.
- Trucking companies often carry large insurance policies, so insurers may fight harder to deny or reduce claims.
- More than one party may be responsible for the accident, such as the truck driver, trucking company, maintenance provider, or even the manufacturer of faulty truck parts.
Understanding Truck Accident Claims
A truck accident claim is a formal demand for compensation made by the injured party (or their attorney) to the party responsible for the accident, usually the trucking company or its insurance provider. The claim outlines the injuries, damages, and expenses incurred by the victim and seeks compensation for these losses. Truck accident claims often involve negotiation with insurance companies and may be settled without going to court. However, if the responsible party refuses to offer fair compensation, the injured party can file a lawsuit.
The Basics of Truck Accident Lawsuits
When a settlement cannot be reached through a claim, the next step is to file a lawsuit. A truck accident lawsuit is a legal action taken to hold the at-fault party accountable in court. The lawsuit process involves several stages, including filing the complaint, discovery (where both sides gather evidence), and potentially a trial. Lawsuits can be time-consuming and costly, but they may be necessary to secure the compensation the victim deserves.
Truck accident lawsuits can be complex, as they often involve multiple defendants, including:
- The truck driver: who may have been negligent or violated safety regulations.
- The trucking company: which could be liable if it failed to properly maintain the truck or comply with safety regulations.
- The manufacturer: if faulty truck parts contributed to the accident.
- Third-party contractors: such as cargo loaders, who may be responsible if improperly loaded cargo caused the accident.
Determining Fault and Liability
Determining who is at fault in a truck accident can be a complicated process. In many cases, more than one party may share liability for the accident. For example, the truck driver may have been speeding, but the trucking company may have contributed to the accident by failing to properly maintain the vehicle.
How is Liability Determined in a Texas Truck Accident?
In Texas, liability in truck accidents is determined by examining the actions of all parties involved in the accident. Texas follows a modified comparative negligence rule, which means that if the injured party is found to be partially at fault, their compensation will be reduced by their percentage of fault. However, if the injured party is found to be 51% or more at fault, they cannot recover any compensation. Brazos and the surrounding Counties are no exception, so working with an experienced lawyer like Scott Scherr at The Payne Law Group can give you the best chance at recovery.
To determine liability, investigators will review various factors, including:
- The truck driver’s actions: such as speeding, fatigue, or driving under the influence.
- Maintenance records: to determine if the truck was properly maintained.
- Compliance with federal regulations: including hours-of-service rules designed to prevent driver fatigue.
- Road conditions: which may have contributed to the accident.
- Eyewitness testimony and surveillance footage: which can provide valuable evidence.
Determining Fault in a Truck Accident Lawsuit
In a truck accident lawsuit, fault is determined through a process called discovery. During discovery, both sides exchange evidence, which may include police reports, accident scene photos, truck driver logs, maintenance records, and witness statements. In some cases, expert witnesses, such as accident reconstruction specialists, may be called in to help determine precisely how the accident occurred and who was at fault.
Truck accidents may involve multiple layers of liability. For example, the truck driver may be at fault for speeding. Still, the trucking company could be liable for pressuring the driver to meet an unrealistic delivery schedule, leading to driver fatigue.
Navigating Comparative Fault Laws in Bryan and College Station
Texas follows a modified comparative fault rule, which means that an injured party can still recover compensation even if they are partially at fault, as long as their percentage of fault does not exceed 50%. However, the amount of compensation they receive will be reduced by their percentage of fault.
For example, if a truck accident victim is found to be 20% at fault and is awarded $100,000 in damages, their compensation will be reduced by 20%, meaning they would receive $80,000. If the victim is found to be 51% or more at fault, they will not be entitled to any compensation under Texas law.
Identifying Negligence in Truck Accidents
Negligence is a key factor in determining fault and liability in truck accident cases. In legal terms, negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to another person. In truck accidents, negligence could involve:
- The truck driver: failing to follow traffic laws, driving while distracted, or operating the truck while fatigued or impaired.
- The trucking company: failing to properly maintain the truck, pushing drivers to violate hours-of-service regulations, or hiring unqualified drivers.
- Third-party contractors: improperly loading cargo, leading to instability or spills that cause accidents.
Proving negligence requires evidence that the responsible party owed a duty of care, breached that duty, and that the breach directly caused the victim’s injuries.
Filing and Managing a Truck Accident Claim
Filing a truck accident claim is the first step in seeking compensation for injuries and damages. Managing the claim process can be overwhelming, especially when dealing with insurance companies that are often more focused on protecting their bottom line than compensating victims.
Filing a Truck Accident Claim in Brazos County, Madison County, Grimes County, Robertson County, Washington County, Burleson County
Filing a claim involves notifying the responsible party’s insurance company of your intent to seek compensation. The claim should include a detailed description of the accident, evidence of the other party’s fault, and a demand for compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Proving Negligence in Truck Accidents
Proving negligence in a truck accident claim requires gathering and presenting evidence that shows the truck driver or trucking company failed to act with reasonable care, leading to the accident. This may include:
- Police reports that document the accident and any citations issued to the truck driver.
- Eyewitness testimony that corroborates your version of events.
- Truck driver logs that show whether the driver violated hours-of-service regulations.
- Black box data from the truck, which can provide information about the truck’s speed, braking, and other factors leading up to the accident.
- Maintenance records that reveal whether the truck was properly maintained.
How Bryan-College Station, Texas Truck Accident Lawyer Scott Scherr Can Help You
Truck accident lawyer Scott Scherr, who is familiar with local laws, can be instrumental in handling your claim. He and his team will investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit on your behalf. Truck accident cases often involve dealing with large trucking companies and their insurance providers, which can be daunting for victims. Having an experienced attorney like Scott Scherr on your side ensures that your rights are protected and that you have the best chance of securing fair compensation.
The Role of the Truck Driver
Truck drivers play a critical role in maintaining road safety. They are required to follow strict regulations, including hours-of-service rules, which limit how long they can drive without rest. If a truck driver violates these regulations or engages in reckless driving, such as speeding or distracted driving, they can be held liable for an accident.
Trucking Companies’ Liability
Trucking companies are responsible for ensuring their vehicles are safe and their drivers are qualified and trained. If a trucking company fails to properly maintain its trucks or forces its drivers to violate safety regulations, it can be held liable for accidents caused by its negligence. Additionally, they can be held accountable if the company hires an unqualified driver or fails to conduct proper background checks.
Compensation in Truck Accident Cases
Victims of truck accidents may be entitled to several types of compensation, depending on the severity of their injuries and the circumstances of the accident.
Types of Damages in Truck Accident Cases
Truck accident victims in Bryan and College Station can seek compensation for both economic and non-economic damages, including:
- Medical expenses: Costs for hospital stays, surgeries, medications, physical therapy, and future medical care.
- Lost wages: Compensation for time missed from work due to injuries.
- Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
- Property damage: Costs to repair or replace your vehicle.
- Loss of earning capacity: If your injuries prevent you from returning to work, you may be entitled to compensation for the loss of future earnings.
Compensation in Truck Accident Settlements
Most truck accident claims are resolved through settlements rather than going to trial. Settlements allow both parties to avoid the time and expense of litigation while compensating the victim. However, it’s important to ensure that any settlement offer covers all of your expenses and future needs, as once you accept a settlement, you typically waive your right to pursue additional compensation.
The Role of Insurance Companies in Truck Accident Cases
Insurance companies play a major role in truck accident cases. In Texas, trucking companies are required to carry substantial insurance policies due to the potential for severe injuries in truck accidents. However, insurance companies often try to minimize payouts by disputing liability, downplaying injuries, or offering lowball settlements. A skilled truck accident attorney like Scott Scherr can help you negotiate with the insurance company and ensure you receive a fair settlement.
Negotiating a Truck Accident Settlement
Negotiating a truck accident settlement involves presenting evidence to support your claim and demonstrating the full extent of your damages. Lawyer Scott Scherr will help you calculate the value of your claim, including future medical expenses and lost earning capacity, and negotiate on your behalf. If the insurance company refuses to offer a fair settlement, attorney Scott Scherr may recommend taking the case to trial.
Statute of Limitations for Texas Truck Accident Lawsuits
In Texas, the statute of limitations for filing a truck accident claim is two years from the date of the accident. Failing to file a claim within this time frame may result in losing your right to recover compensation. It’s important to consult with attorney Scott Scherr as soon as possible to ensure your case is filed on time.
Common Causes of Texas Truck Accidents
Truck accidents can occur in Brazos County for a variety of reasons, many of which involve negligence on the part of the truck driver or trucking company.
Common Truck Accident Injuries
Due to the size and weight of commercial trucks, accidents involving trucks often result in serious injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Burns and lacerations
- Death
These injuries can require extensive medical treatment and may have lifelong consequences for victims.
How Trucking Companies Contribute to Accidents
Trucking companies may contribute to accidents by failing to properly maintain their vehicles, pressuring drivers to meet unrealistic deadlines, or hiring unqualified drivers. Trucking companies are required to comply with state and federal safety regulations, and when they fail to do so, they can be held liable for accidents.
Unique Considerations for Trucking Lawsuits
Truck accident lawsuits often involve unique challenges, such as:
- Determining the correct defendant(s): Multiple parties may be liable, including the truck driver, trucking company, maintenance provider, or manufacturer.
- Federal regulations: Trucking companies and drivers must comply with FMCSA regulations, and violations of these rules can impact the outcome of your case.
- Higher insurance limits: Commercial trucks are required to carry higher insurance limits than passenger vehicles, meaning larger settlements may be possible.
Steps to Take After a Truck Accident
If you are involved in a truck accident, there are some key steps you should take to protect your rights and ensure you can file a successful claim.
Ensuring Safety
The first and most important step is to ensure your safety. Even if you think you have no injuries, seeking medical attention can reveal any injuries you may have missed, as well as create a paper trail for the impact of the accident. These medical records could also play a big part in establishing liability.
Collecting Evidence for a Truck Accident Claim
Gathering evidence is crucial to building a strong case. If you can, take photos of the accident scene, including damage to your vehicle and the truck, road conditions, and any visible injuries. Obtain contact information from witnesses and request a copy of the police report.
Dealing with Insurance Companies After a Truck Accident
Insurance companies may contact you shortly after the accident. It’s important to remember that their goal is to protect their bottom line, not to compensate you fairly. Do not provide a recorded statement or accept any settlement offers without consulting attorney Scott Scherr first.
Working with Truck Accident Attorney Scott Scherr in Bryan, Texas
Truck accident attorney Scott Scherr can help you navigate the complexities of your case, ensuring that you receive the compensation you deserve. Scott Scherr and the entire team at The Payne Law Group will investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Don’t let the weight of the world weigh you down. If you or a loved one has been injured in a truck accident, time is of the essence. Scott Scherr at The Payne Law Group is your local legal advocate, ready to fight for the compensation you deserve. Contact Scott Scherr today for a free consultation, and Scott Scherr handle the complexities of your case.
