Commercial truck accidents are extremely dangerous, as these trucks are large, heavy, and difficult to stop. If you or a loved one is injured in a crash with a large commercial truck, contact an attorney to help you get fair compensation.
You may claim significant damages for your injuries and losses. Common damages in these cases include property damage, medical costs, lost wages due to being unable to work, and pain and suffering. To prove the defendant’s negligence, we must have the strongest evidence possible. Photos you took after the accident, security camera or dashcam footage, and witness testimony are good places to begin.
Seek help from our commercial truck accident attorneys with Cap City Injury Attorneys by calling (512) 612-3110 and asking for a free case review.
What Damages Should I Claim in a Commercial Truck Accident Case?
Damages vary from case to case, and your damages may include, but are not limited to, the following claims.
Property Damage
Your vehicle and its contents may be damaged beyond repair. Valuable items like cell phones, laptops, and wedding rings might be destroyed or lost. Tally up the value of all your lost or destroyed property so it may be claimed in an insurance claim or lawsuit.
Medical Bills
You might be severely injured and in need of extensive, long-term care. Emergency room treatment, surgery, medication, physical therapy, and other injuries may be costly to treat. You may claim the cost of your medical bills in addition to estimates for future medical costs related to the accident.
Distress, Suffering, and Trauma
Non-economic damages are those that may not be proven through evidence of cost. They are more subjective and often based on personal, painful experiences. Your physical pain, psychological injuries, mental distress, trauma, and other painful experiences may be worth significant compensation.
How Do I Prove the Defendant’s Negligence After an 18-Wheeler Accident?
To have the defendant held liable, we must be able to prove how their negligent behavior was the direct cause of the commercial truck accident.
Burden of Proof
First, our commercial truck accident attorneys need sufficient evidence to meet our burden of proof. In civil lawsuits, this burden is known as the “preponderance of the evidence.” Put another way, we must have enough evidence to show that it is more likely than unlikely that the defendant’s actions caused the accident.
Video Footage and Photos
A major piece of evidence in many 18-wheeler and commercial truck crash cases is photos. You or someone else at the scene may have taken photos of the crash, which may be introduced as evidence. Also, videos from security cameras, dashcams, and even the truck’s own cameras may be admissible.
Truck Company Records
When filing insurance claims or lawsuits for commercial truck accidents, trucking companies are often included alongside negligent drivers. We may request copies of certain truck company business records if we believe they shed light on the accident.
For example, records pertaining to hiring and training might show that the trucker was not properly trained, and the truck company was negligent in putting the driver behind the wheel in the first place.
FAQs About Accidents with Commercial Trucks and 18-Wheelers in Lakeway, TX
What Should I Do After an Accident with an 18-Wheeler or Commercial Truck?
After an accident with a commercial truck or 18-wheeler, you should call 911 and ask for emergency help. An ambulance and the police should be sent to your location immediately. Once you have received medical care, call a lawyer to discuss how you can get fair financial compensation.
Do I Need a Lawyer if I am Injured in a Commercial Truck Accident in Lakeway, TX?
Yes. While you do not have to have a lawyer to begin an insurance claim or civil lawsuit, having one is almost always in your best interest. The legal process can be fraught and complicated, and an experienced attorney can help you get the maximum compensation possible as soon as possible.
Can I File an Auto Insurance Claim After a Commercial Truck Accident?
Yes. While commercial truck accidents might not be quite as common as more typical crashes, they are still usually covered by auto insurance policies. In Texas, injured drivers may file third-party claims with the trucker’s liability insurance. Alternatively, you may have first-party coverage, like MedPay, that can help.
Do I Need to File a Lawsuit After an Accident with an 18-Wheeler or Commercial Truck?
Possibly. While insurance claims are often the first course of legal action, injured drivers may need to file personal injury lawsuits if insurance does not cover all their damages. If your insurance claims are denied or your claims exceed policy limits, you can sue to get your damages covered.
When Should I File a Personal Injury Lawsuit for a Truck Accident in Lakeway, TX?
In Texas, plaintiffs must file personal injury lawsuits no later than 2 years after their cause of action accrues. A cause of action is said to accrue when the plaintiff becomes legally eligible to file the claim. For most, the 2-year limitation period begins on the day of the accident. For others, like minors, the limitation period might begin later.
What Kind of Evidence Should I Have for My Commercial Truck Accident Case?
Evidence may include, but is not limited to, photos you or others took at the accident scene, security camera footage, dashcam videos, witness testimony, and your testimony. We may review police reports if the police uncovered evidence we do not yet have. However, police reports themselves are typically inadmissible as evidence.
How Do I Find Witnesses to Testify in My Commercial Truck Accident Case?
Many witnesses may be those who were present at the truck accident scene. You might have exchanged information with witnesses at the accident scene. If not, we can review police reports and security camera footage to identify potential witnesses.
Who Investigates Commercial Truck Accidents?
When someone calls 911, the police may be dispatched to render emergency aid and investigate the crash. Not only that, but when big insurance claims are filed after accidents, insurance companies may hire their own investigators to inspect the truck, crash site, and other details related to the accident.
Will Someone Be Criminally Charged for Causing a Commercial Truck Crash?
Possibly. Negligent truckers may be criminally charged if their actions were not just negligent but illegal. For example, if the trucker was under the influence of drugs or alcohol, they may be charged. Also, accidents where someone is killed may lead to charges like involuntary manslaughter.
How Long Will it Take to Get Compensation After an 18-Wheeler Accident in Lakeway, TX?
Insurance claims may take weeks or longer to be approved. You might not even receive money from an insurance claim for several more weeks. Lawsuits tend to take longer, especially if the parties are more contentious and drag out proceedings. Many lawsuits take several months or even more than a year to complete.
Ask Our Commercial Truck Accident Attorneys in Lakeway, TX for Legal Help Now
Seek help from our commercial truck accident attorneys with Cap City Injury Attorneys by calling (512) 612-3110 and asking for a free case review.