Few accidents are more feared than a truck accident. Their massive and unforgiving dimensions can cause catastrophic injuries, excessive financial damages, and unbearable physical and emotional pain. If you or a loved one were the victim of a truck accident, contact the office of the Zimmerman Law Firm, P.C.
Recovering damages from a truck accident in Texas is a complicated process. Multiple parties can be at fault. Because of the nature of a truck, injuries tend to be more severe. You need a seasoned attorney on your side.
We can help you navigate the intricate waters of a truck accident claim. We will represent your interests every step of the way. Read on to learn how to recover damages from a Texas truck accident.
What Is the Process to Recover Damages from a Truck Accident?
The process of recovering damages in a truck accident case can be complex. We recommend following these steps for the best results in your case.
Step 1: Seek Medical Attention
Nothing is more important than your health and that of your loved ones. After a truck accident, you must seek medical attention immediately. Even if you feel fine, you may have injuries lurking beneath the surface. In fact, sometimes symptoms won’t appear for days or weeks after the accident.
Medical documents also provide a paper trail for your injuries that your attorney can use to prove your injuries and calculate your damages.
Failure to seek prompt medical attention may also make your claim more difficult. The other party may allege your injuries weren’t caused by the accident but by something else. Without documentation, it may be hard to refute their allegation.
Step 2: Evidence Collection
Preserving evidence is essential to your truck accident claim. Take photos and videos of the accident scene, if possible. Get the names and contact information of any witnesses to the accident. Their testimony will help reconstruct the accident.
Also, see if cameras near the accident scene may have captured the accident.
Step 3: Hire an Attorney
Proceeding with a truck accident claim without an experienced attorney can be confusing. There are a lot of rules, deadlines, and convoluted procedures. Don’t do it alone.
At The Zimmerman Law Firm, P.C., one of our experienced truck accident lawyers will handle everything for you. We can collect the police report and truck black box data to help establish liability.
We will also ensure all filing deadlines are met while representing you with our unparalleled knowledge of Texas personal injury laws and extensive resources.
Step 4: Identify Negligent Parties
Your truck accident attorney will evaluate all the evidence collected to identify the negligent parties, which may include the following:
- Truck driver,
- Trucking company,
- Truck cargo loader,
- Truck maintenance company, and
- Truck manufacturer.
In many cases, there may be more than one negligent party. Identifying the property parties to bring your claim against is a crucial step on your road to recovery.
Step 5: Calculate Damages
Next, your experienced truck accident lawyer will calculate your damages. They will evaluate the following:
- Medical bills,
- Loss of financial income,
- Loss of earning capacity,
- Pain and suffering damages,
- Loss of consortium, and
- Loss of enjoyment of life.
Medical bills include expenses such as hospital stays, surgeries, tests, rehabilitation, and home care. Noneconomic damages, like pain and suffering, are difficult to document and may require testimony from you, your family, and even expert witnesses to establish.
Step 6: Send Demand Letter
Once the negligent party and damage calculations are determined, your attorney will send a demand letter to the negligent party’s insurance company. This letter explains what happened and asks for compensation.
Step 7: Negotiation
Your attorney will negotiate with the negligent party’s insurance company. Negotiation involves back-and-forth discussions. If the evidence is overwhelming, liability is indisputable, and the damages are readily calculable, the case may be settled quickly.
However, negotiations take longer if liability is questionable or the injuries are severe.
Step 8: Settlement
Once parties agree on fault and damages, they formulate an outcome to the case. This outcome is called a settlement. The injured party receives an agreed compensation and releases the at-fault party from further liability.
Step 9: Trial
Most truck accident cases are settled via negotiations. Very few cases go to trial. However, if the parties cannot reach an agreement, the only way to recover damages is to bring your case to trial.
Truck accident cases move to trial when fault is disputed, or damage calculation cannot be agreed on. At trial, your attorney presents the evidence and case in court.
The outcome of a trial is called a verdict.
Yes. Texas is a modified comparative negligence state. Your contributory fault does not bar recovery for your truck accident injuries. However, your compensation will be reduced based on your percentage of fault.
You must be less than 51% at fault to recover your damages. You are not entitled to compensation if you are more than 50% at fault.
For example, if your damages are $100,000 and you are found to be 40% at fault for the accident, you can still recover $60,000 (60%). However, if you are 60% at fault for the truck accident, you won’t be able to recover anything.
How Long Do I Have to File a Truck Accident Claim?
The personal injury statute of limitations in Texas is two years. You have two years from the date of the truck accident to bring your claim. If you fail to file by this deadline, you generally cannot recover compensation, except in rare cases.
Contact a Truck Accident Attorney Today
Being the victim of a truck accident can be an overwhelming and seemingly never-ending traumatic experience. You need a truck accident lawyer to increase your chances for the best possible outcome in your accident claim.
At The Zimmerman Law Firm, P.C., your first meeting will be with an experienced truck accident lawyer. And that lawyer will stay with you until your case is finished. For over 60 years, our attorneys have represented the rights of Texas residents.
We will fight to secure restitution for your injuries, financial losses, and emotional turmoil. Don’t wait. Contact our office today for a free consultation.
Where You Can Find Our Waco Office
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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