What You Need to Know About Truck Accident Cases in Texas

Texas has some of the most alarming statistics when it comes to truck accidents. Recent research indicated that about 26,164 big-rig crashes occur annually, causing serious injuries or even deaths in the state.

If you or your loved one happens to be the victim of a commercial vehicle accident, then you have every right to compensation for your injuries and damages. This, of course, involves more than a police report and an insurance claim.

“Truck wrecks can happen for a number of reasons, including some of the most common contributing factors such as driver error, fatigued driving, careless driving, reckless driving, drunk or drug-impaired driving, and speeding,” says Attorney Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. 

To get you started, this article outlines some basic things you might want to know about truck accident cases in the Lone Star State.

Length of Truck Accident Cases

It takes time to settle any case that involves an 18-wheeler in Texas, as a great amount of investigation and negotiation generally occurs with insurance companies. Victims usually have to wait a while until these elements take their course.

Injuries, grave ones, and medical treatments that last long add to the whole multilayered process. These kinds of complications require the marshaling of substantive evidence to cement claims for adequate compensation, hence the delays.

A good number of truck accident cases end up in court, requiring litigation before any resolution. However, it is worth noting that many settle before reaching a verdict, sparing both parties from enduring a prolonged trial.

Settlement Processes in Truck vs. Car Accidents

The difference in settlement processes between truck and car accidents is apparent. Complex in nature, truck accidents usually require a formal lawsuit, while simpler car crashes might need nothing more than an insurance claim.

In this respect, expert testimony also becomes fundamental in truck accident cases. These include accident reconstructionists and medical professionals who assist with the reenactment of the accident scene and delineating the depth of damages incurred.

On the contrary, car accident claims are generally straightforward. They frequently get settled solely through direct negotiations with adjusters who manage multiple files simultaneously, focusing on relatively less severe damages.

Challenges in 18-Wheeler Accident Settlements: Understanding Texas Laws and the Role of Comparative Fault

Various factors can complicate the process of settling a case involving an 18-wheeler accident. Aggressive tactics by seasoned insurance attorneys are common, even when liability seems clear.

A recent legal change in Texas now restricts the evidence personal injury lawyers can present initially at trial against trucking companies. This law aims to limit parties from overwhelming the court and jury with extensive preliminary proof but complicates plaintiffs’ efforts to establish negligence.

Texas is a comparative fault state. This incites apportioning blame to the victim. Damages are diminished by the fault of the victim, provided it does not rise above 50 percent. If the complainant is determined to have fault above 50 percent, they cannot recover any damage.

Why Consulting an Experienced Trucking Accident Lawyer is Essential 

Recovery of damages in big rig accidents requires experience in that field. Most trucking companies have commercial policies, and these are notoriously hard to negotiate.

It would be wise to consult a truck accident lawyer who is well versed  with the complex Texas laws and procedures peculiar to such claims. Such a professional will have access to resources and expertise that they will use in investigating your case and ascertaining facts that support your claim.

Also, attorneys are great negotiators with insurance providers. They can always rebuff lowball offers and fight for what you deserve.

Conclusion

The time after a truck accident is not easy. Besides injuries, one has to deal with claims, which can be challenging. It’s important to remember, you are not alone in this process.

An experienced attorney can fight for your rights and compensation entitlements. Choose a legal partner who has experience with Texas accident truck laws to ensure a favorable case outcome.