If you were hurt in a car accident, you typically sue the driver. However, when 18-wheelers and commercial drivers are involved, the case becomes more complex.
Lawsuits in 18-wheeler accidents can often be filed against the trucker and their employer. This complicates cases and often involves more evidence, complex procedures, and additional time. In any case, you typically start the case by filing a complaint in court within 2 years of the crash.
For help with your potential case, call the Austin, TX truck accident lawyers at Cap City Injury Attorneys at (512) 612-3110 today.
What to Do After an 18-Wheeler Accident
In the immediate aftermath of the accident, there are a few steps to take to help deal with the aftermath and secure evidence for your case:
Call 911
All accidents involving injury need to be reported. Call 911 and request police so they can write up a report and request an ambulance to treat any injuries.
Get Medical Care
If you have to leave with the ambulance to go to the hospital, focus on that. Get any medical care you need. This will create a record of your injuries and put you on a path to recovery.
Gather Evidence
If you have time at the accident scene, gather the following info:
- The other driver(s) name(s), contact info, and insurance info
- The truck driver’s employer info
- The make, model, color, and license plate numbers of all vehicles involved
- The names and contact info of any other witnesses
- The location and time of the crash
- The lighting, roadway, and weather conditions.
Also take pictures if you can, and note whether anyone had a dash cam or whether any nearby security cameras might have recorded the accident.
Call a Lawyer
From there, contact a lawyer before talking to any insurance companies or speaking with anyone else about your accident.
Who Can You Sue for an 18-Wheeler Accident?
In most car crashes, you sue the driver who hit you. With 18-wheeler accidents, there is another potential party to sue: the trucking company.
At-Fault Driver
If the trucker was at fault, the trucking company they were working for could be made to answer in their place. However, if some third driver caused the accident, you would sue them first and foremost.
Trucking Company – as Employer
In their role as the commercial trucker’s employer, the trucking company can be held responsible for the trucker’s on-the-job negligence. This potentially allows you to recover damages the trucker would not have been able to afford.
Trucking Company – as Defendants
The trucking company might have also caused the accident in its own right through negligent truck maintenance or negligent hiring/retention of dangerous drivers. The company can be directly liable for these cases.
Other Parties
Some cases also involve other liable parties, such as the government that failed to keep the roads safe or the manufacturer of a defective auto part.
How to File a Claim
The process of filing your actual legal or insurance claim requires three major steps:
Preparing the Case
You and your Texas 18-wheeler accident lawyer should collect evidence, including video, witness testimony, photos, medical records, and financial records. Evidence needs to prove two major things:
- That the defendant was at fault for the crash
- What damages you suffered.
Filing
Your lawyer can help you file both an insurance claim and a lawsuit. If the defendants’ insurance companies are willing to settle for a fair value, potentially after rounds of negotiation, we can end the case through settlement there. If they are not, we can go to trial.
Progress the Case
As negotiations fall through, the case will progress through the legal system:
- In the initial stages, parties submit briefs dealing with legal questions like evidence admissibility
- During discovery, parties depose witnesses and share all evidence
- At trial, we prove the defendant’s fault to a judge and jury, who decide the case.
FAQs About 18-Wheeler Accident Cases
Can You Sue a Trucking Company?
Trucking companies can usually be sued in two ways:
- In their role as the at-fault driver’s employer for accidents that happened during the scope of the trucker’s employment.
- For their direct mistakes that contribute to the accident, such as negligent vehicle maintenance or negligent hiring of dangerous drivers.
What Damages Can I Sue For?
Truck accident lawsuits typically involve
- Medical bills
- Lost wages
- Vehicle damage/replacement
- Other economic damages
- Pain and suffering and other non-economic damages.
Is My Case Worth Suing For?
If your case can be settled for a fair value through an insurance claim, we may not need to file a lawsuit. However, insurance companies are often unwilling to settle unless they know you are serious, which may mean filing a lawsuit early in the negotiations.
Just because you started a lawsuit doesn’t mean you can’t settle with insurance later.
What is My Case Worth?
Our lawyers can help you determine the value of your case by looking into your economic damages and helping you calculate pain and suffering damages. You should never trust the trucking company or insurance company to correctly value your claim.
How Long Do I Have to Sue?
Car and truck accident victims in Texas usually have 2 years to file a lawsuit under the statute of limitations for personal injury cases.
How Long Will My Case Take?
Every case is different, but the typical case can settle anywhere from 2 to 9 months after filing a claim. If you need to go to court, your case often takes longer, with a year being a conservative estimate. Settling can drastically speed up cases, but you should always check with a lawyer before settling.
Can I Get More Money After Settlement?
Once you settle a case, it is over. You typically cannot reopen it and get more money later, and you cannot sue after settlement.
Call Our 18-Wheeler Accident Lawyers in Texas Today
Call Cap City Injury Attorneys’ Texas car accident lawyers at (512) 612-3110 for a free review of your potential case.