Truck accidents in Texas can be particularly devastating due to the state’s busy highways and the size disparity between commercial trucks and passenger vehicles. If you’ve been involved in this type of accident, securing a fair settlement is key to covering medical bills, lost income, property damage, and other related expenses.
Understanding how truck accident settlements are determined and how to get the compensation you’re truly entitled to will help ensure your rights are protected so you can focus on recovering.
Common Causes of Truck Accidents
Commercial truck accidents can occur for a variety of reasons. Here are some common culprits:
Driver Fatigue: The rigors and long hours associated with truck driving often lead to drivers operating their vehicles while excessively tired, despite regulations aimed at limiting driving hours. This is known to lead to an increase in accidents.
Equipment Failure: Trucks that are not properly maintained can experience equipment failures, such as brake malfunctions or tire blowouts, resulting in accidents.
Distracted Driving: When truck drivers are paying attention to things other than the road, whether that involves using cell phones or adjusting controls within the vehicle, they’re significantly increasing the chances of causing an accident.
Improper Loading: An improperly loaded truck can tip or spill its contents onto the highway. Unexpected shifting loads can also lead to loss of control and potential rollovers or jackknife accidents if weights are not distributed appropriately.
Understanding and addressing these common causes is essential for preventing future truck accidents.
Why You Need a Lawyer For Help With a Truck Accident Settlement
Navigating the complexities of a truck accident settlement can be overwhelming, highlighting the invaluable role that experienced legal representation plays in securing a fair resolution. Here’s why working with a lawyer is so important:
Navigating Complex Laws and Regulations: Truck accidents involve specific federal and state regulations that govern the trucking industry. An experienced lawyer is familiar with these laws and can use them to your advantage.
Investigating the Accident: Proper investigation is crucial in truck accident cases. Lawyers have the resources to thoroughly investigate your claim, including accessing trucking company records and hiring accident reconstruction experts.
Dealing with Insurance Companies: Trucking companies and their insurers are known for aggressively defending against claims. A lawyer experienced in truck accident cases knows how to negotiate effectively with these companies to ensure you receive fair compensation.
Assessing Full Extent of Damages: Determining the full extent of your damages, including medical expenses, lost wages, and pain and suffering, requires expertise. A Mt. Belvieu truck accident lawyer can help quantify these damages to ensure that the settlement covers all your needs.
Filing a Lawsuit When Necessary: If a fair settlement cannot be reached, it may be necessary to file a lawsuit. A lawyer with experience in truck accident litigation can represent you in court, advocating on your behalf to secure the compensation you deserve.
Working with a lawyer is ultimately the best way to ensure you get the justice you deserve.
Key Factors Affecting Truck Accident Settlements
Truck accident settlement can hinge on several elements. Here are some key factors that will determine how much you’re entitled to:
Severity of Injuries
Major injuries usually result in higher settlement amounts due to the greater medical costs, potential for long-term care needs, and increased chances of significant non-economic damages like pain and suffering.
Liability and Negligence
Texas laws allow for modified comparative fault which means that if you’re found less than 51% at fault for the accident, you can still recover damages through a civil lawsuit. However, your level of fault will proportionally reduce the settlement amount.
Sec. 33.001. PROPORTIONATE RESPONSIBILITY: In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
Establishing that someone else was primarily liable is essential in ensuring you receive a fair settlement.
Insurance Policies
The insurance coverage of the trucking company plays a substantial role in the settlement process. Trucking companies typically have large insurance policies given the potential for significant damage; however, these insurers may be more aggressive in defending claims.
With the complexity surrounding truck accident settlements in Texas, it’s always advantageous to have an experienced attorney by your side to ensure you get the most compensation possible. If you need help, don’t hesitate to contact us today to schedule a free consultation.