A truck accident can change everything in an instant. The injuries are severe, the medical bills arrive fast, and the liable parties, often including both the driver and their employer, will have legal teams working against you from day one.
At Cap City Injury Attorneys, our Austin truck accident lawyers handle every aspect of your claim: identifying all liable parties, building the evidence, negotiating with insurers, and taking the case to trial in Travis County if needed.
You should always call the police immediately after a truck accident. The crash report documents the at-fault driver’s information, the conditions at the scene, and details we use to build your case. Photograph everything you can: the truck, your vehicle, the road, and your injuries. Read our full guide on how truck accident attorneys maximize your claim to understand what the process looks like from start to finish.
Call Cap City Injury Attorneys at (512) 612-3110 for a free case review with an attorney.
What if I Do Not Call the Police After a Truck Accident in Austin?
Calling the police straight after an accident is the best way to document what happened. You may be far too injured to speak to witnesses, get the at-fault driver’s information, or commit small details to memory, and law enforcement can help in this scenario.
If you do not call the police, you may still seek compensation. Not calling the police only benefits the negligent truck driver, their employer, or any other liable party, and not the victim.
Call 911, even if the other driver threatens to leave the scene. Fleeing the scene of an accident is illegal in Texas, so officers may track down the at-fault driver, which helps us identify who to sue in a compensation claim.
Who Can You Sue After a Truck Accident in Austin?
Multiple parties may share liability after a truck accident in Austin, and identifying all of them is one of the most important things an experienced attorney does.
The truck driver is the most obvious defendant, but their employer is often liable as well. Companies are generally responsible for an employee’s conduct during the course of their work. Because commercial truck drivers are nearly always working while on the road, their employer can be held accountable for the injuries their driver caused.
The trucking company may also be independently liable if the truck failed required safety inspections or was otherwise unsafe before the crash. If a specific vehicle component was defective rather than simply poorly maintained, the part manufacturer could also be a defendant.
For a detailed breakdown of how to build and file a truck accident claim in Texas, read our guide on how to sue for an 18-wheeler accident in Texas.
Do I Need Photographic Evidence for a Truck Accident Lawsuit?
Having photographic evidence can significantly help your truck accident injury lawsuit. The more pictures we have, the better. Send all photos you took to our lawyers promptly, and do not delete any before completing this step.
Trucks may sustain little to no visible damage in collisions with passenger cars or other small vehicles. Still, you should photograph the truck so we can place it at the scene. Its position in relation to your car is important, so photograph that distance too.
Your car might be severely damaged because of a truck accident. Photos from various angles give us more information about the point of impact and the truck’s speed at the time.
Traumatic brain injuries, spinal cord injuries, burns, and other painful injuries stop many victims from taking photos right after collisions. You should not panic if you do not have many pictures, as we may get more from law enforcement or the eyewitnesses we interview.
What Happens if Your Austin Truck Accident Case Goes to Trial?
Plaintiffs should be prepared in case their lawsuits go to trial instead of settling. Let us explain what you can expect from going to court so you are ready if that time comes.
Both Sides Present Evidence
If your truck accident lawsuit goes to trial, both sides get to present their evidence to the jury. The plaintiff goes first, letting our truck accident lawyers explain how and why the defendant is liable. The defense then gets to present its own arguments, one of the most common being comparative fault.
Being partially liable for an accident lowers your compensation and only blocks it if you are more at fault than the defendant. Since comparative fault arguments are so common in motor vehicle accident lawsuits, we can anticipate this and submit evidence that directly refutes it before the defense even has a chance to present their case.
Plaintiff May Testify
Also, during a trial, you may have to testify. This happens when we present our case to the jury. You may not be the only witness to testify, but you may be the most important. Testifying is daunting for many reasons, and we can explain exactly what to expect from our questions beforehand. We can also anticipate some of the questions the defense may ask you, so you are ready to answer them.
You can discuss your memories from the crash, like the amount of pain you were in or the negligent conduct you witnessed from the other driver. You can also discuss your damages since the crash, primarily your non-economic damages.
Jury Decides Liability
When lawsuits go to trial in Austin, the jury gets to decide liability. The plaintiff succeeds by proving it is more likely than not that the defendant is liable. Juries award compensation when verdicts decide trials. Texas does not cap compensation in personal injury lawsuits for truck crashes. A jury award can exceed anything ever offered in settlement, particularly in cases involving severe injuries, employer negligence, or federal safety violations. Wondering what a fair recovery actually looks like? Read our breakdown of what a good settlement for an 18-wheeler injury in Texas typically covers.
Get a Free Case Analysis by Calling Our Austin Injury Lawyers
Call the truck accident lawyers of Cap City Injury Attorneys for help with your case at (512) 612-3110.