If you were hurt in a truck accident, you could be entitled to substantial compensation. These accidents often involve very serious injuries, and the trucking companies behind commercial truck drivers can often be held accountable.
However, you cannot delay. You have a limited time to file, and you may need your damages paid as soon as possible so you can move forward with your life. Our lawyers can help you negotiate a fair settlement or take the case to court as needed.
Contact Cap City Injury Attorneys’ truck accident lawyers today at (512) 612-3110 for a free review of your case.
What to Do After a Truck Accident in Pflugerville
In the aftermath of a truck accident, you should take the following steps:
Call 911
Report the accident to the police immediately and request an ambulance. You must report any accidents involving injury or death, and an officer will respond to write up a report. You should also ask for an ambulance if anyone needs medical treatment.
Get Medical Care
Go to the hospital if your injuries are severe enough. Follow through with all medical recommendations and get the care you need to both build a record of how serious your injuries were and put you on a path to healing.
Collect Evidence
If you were able to stay at the scene of the accident, you can collect evidence, like the driver’s contact info, insurance info, and employer info; photos of the crash scene and vehicle damage; details about the accident scene; and contact info for witnesses.
Our truck accident lawyers can follow up with additional evidence collection and seek a copy of the police report to fill in the gaps in information if you had to go directly to the hospital and could not collect evidence.
Call a Lawyer
Before you contact the insurance company or try to deal with the trucking company or trucker yourself, call a lawyer. We can handle your whole case for you, including insurance claims or lawsuits.
How to Sue for Injuries in an 18-Wheeler Accident
In many cases, you can get paid through an insurance claim, but only after your lawyer negotiates for fair damages.
The initial settlement offers are typically too low. However, insurance carriers and trucking companies sometimes cannot be convinced to pay you without a court order, in which case a lawsuit is needed.
You file a lawsuit by submitting a complaint in court and serving the defendants with a copy. Then you go through multiple pre-trial stages. Evidence will be exchanged, negotiations will take place, and if the case cannot be resolved, it will be scheduled for trial.
What Damages Can You Claim in a Truck Accident?
Trucking accident claims usually account for two areas of damages, plus a potential third area:
Economic Damages
Truck accidents often cause serious injuries and vehicle damage. The injuries, in turn, lead to medical bills, lost time at work, and other financial impacts.
All of these costs can be claimed as “economic damages.” These have a price readily attached from receipts, financial statements, pay stubs, and other records.
Non-Economic Damages
The injuries themselves, plus the mental and emotional effects of those injuries, can also be compensated. These non-economic damages have no price, because your pain and suffering is unique and has no bills or financial records to prove its value.
Punitive Damages
In addition, punitive or exemplary damages can be claimed in some cases. These are usually only available when trucking companies have made serious errors, such as willful violations of trucking regulations or reckless mistakes like hiring untrained drivers or putting dangerous vehicles on the road.
These damages do not pay you back but instead are used to punish the defendant(s) or make an example out of them.
FAQs for Truck Accident Cases in Pflugerville
What is the Time Limit for Suing a Commercial Trucking Company?
Victims of truck accidents get 2 years from the date of the accident to file lawsuits under Texas’ statute of limitations.
Is the Trucking Company at Fault?
If the truck driver was a commercial driver working within the scope of their employment as an employee, then the trucking company they work for can be held responsible for the driver’s negligence.
The trucking company can also be held responsible for its own mistakes, such as retaining a driver with a known record of dangerous driving or failing to properly repair and maintain the truck it owns.
Can You Sue Drivers Who Are Independent Contractors?
When drivers are not employees, but instead work as self-employed drivers or independent contractors, there is no trucking company to sue. Instead, you sue the driver directly and get paid through their insurance. Commercial truckers typically have high-dollar policies to cover damages.
Can You Sue Another Driver?
If the driver of the 18-wheeler was not actually the one to cause the crash, you can sue whichever driver did cause the crash. Sometimes you and the trucker will both be victims of someone else’s negligence, and that driver’s insurance should cover the crash instead.
What is My Case Worth?
Every case is unique, and damages are based not on how bad the accident was or what the defendant did wrong, but what damages you actually faced. This means damages will vary based on what car you were driving, what physical condition you were in, how much work you missed, etc.
Our lawyers can calculate damages specific to your case.
Does My Insurance Cover My Injuries?
In Texas, we use an at-fault system, meaning the at-fault driver’s insurance covers all damages in a crash. However, your insurance might have additional coverages to help you out while you go through litigation, such as medical payment or collision coverage.
What Does a Commercial Truck Accident Lawyer Do?
Our lawyers help victims collect evidence, understand what their case is worth, and file claims. We can also negotiate with the defense and fight for fair compensation through a settlement, advise clients on whether the damages are appropriate, and help take the case to trial if they are not.
Do I Need a Lawyer?
Simply put, the defense will have a lawyer, so you should as well. Insurance companies and trucking companies are powerful and often push victims out of litigation and into low-dollar settlements, but our lawyers can stand up for you and help you get full damages.
Call Our Truck Accident Attorneys in Pflugerville Today
If you need help with a truck accident case, call (512) 612-3110 for a free case review with the truck accident lawyers at Cap City Injury Attorneys.