It’s time to hold the trucking industry accountable for the role it plays in dangerous truck accidents every day. If you or a loved one is a victim of a truck accident injury, you may be entitled to financial compensation. Houston Truck wreck attorneys at Dax F. Garza, P.C. offers Free Consultations for all truck accident victims.
At Dax F. Garza, P.C., we have secured millions of dollars in settlements and jury awards for Texas trucking accident victims. We are committed to seeing justice served for you and your family. We know you need financial relief from the massive medical debt your injuries may have caused, and we want to help.
West Texas Oilfield Truck Accident
18-Wheeler Truck Wreck in Houston
Texas Trucking Accident
Potential Value of a Houston Truck Accident Claim
Because you likely suffered significant injuries and property damage, your claim could be worth quite a lot. The key is determining the full range of your losses, both economic and non-economic. In addition to the damages with a fixed price, you deserve compensation for your pain and suffering.
Each case will be completely unique and judged on its own merits in court. However, there are many compensatory damages you might overlook without the assistance of a competent Houston truck accident lawyer. We work with you to create an ethically calculated estimate of your losses, including past, present, and future expenses.
Common damages our clients request in truck accident claims include:
Economic Damages
- Loss of income
- Loss of inheritance potential
- Doctor bills
- Hospital costs, such as for ER, ICU, and surgery
- Emergency transport fees
- Private in-home nursing care
- Rehabilitation facilities
- Prescription medications
- Mobility devices such as wheelchairs, crutches, or canes
- Prosthetic limbs
- Repairs or replacement expenses for your personal property
Non-Economic Damages
- Amputation
- Scarring or disfigurement
- Emotional distress
- Pain and suffering
- Permanent disability
- Isolation
- Loss of reputation
- Loss of companionship
- Loss of enjoyment of life
Dealing with insurance companies can be frustrating because they are not interested in paying you what you need. They are in business to protect their bottom line. Insurance adjusters know you need money quickly to pay bills, so they will often make an insultingly low initial offer. They want you to take it and close the claim, which ends your ability to ask for more.
Dax Garza will not let this happen. Our law firm will negotiate on your behalf for the maximum compensation possible. If the at fault parties do not meet our demands, we are ready to take them to court. Trucking companies work hard to keep their names away from news stories about truck accident trials, so they often settle out of court. Regardless of how your case plays out, our team will be with you every step of the way.
Knowing Your Rights When Involved in a Texas Big Rig Accident
For truck accident victims who have been injured, there are certain rights they are entitled to in the state of Texas. When a commercial vehicle causes an accident, the truck accident victim may experience severe injuries that are difficult to recover from. At times, fatal truck accidents rob the life of someone involved in the accident.
If you have been harmed physically, emotionally, and/or financially in an accident with a commercial vehicle in the trucking industry, you do not have to absorb the burden alone. You have the right to seek compensation following a truck accident.
The insurance companies are in the business of making money, so they will resist paying the total compensation amount you are entitled to in every way possible. It is crucial to have an experienced truck accident lawyer who will assist you in recovering the restitution you are due. We will not allow the insurance company to take advantage of you.
Listed below are the rights that you have as a truck accident victim. An experienced truck accident lawyer can answer any questions you may have and offer you guidance as you navigate the complicated legal matters when filing a suit against someone involved in the trucking industry.
You May Decline to Give a Statement to the Other Party’s Insurance Company
You are not required to provide a statement about the accident. If you are involved in a truck accident, the other party’s insurance company will call you. The insurance adjuster for the commercial vehicle may question you about the truck accident and ask for a statement.
They are not calling to find out what happened so they can approach your claim fairly. They are trying to construct their own case, one that is against you. It is within your rights as a truck accident victim to decline comments and have an experienced personal injury lawyer field their questions.
The Right to Seek Restitution
If you or someone you love has been the victim of a commercial vehicle accident or a fatal truck accident, you have the right to compensation. As a truck accident victim, you have the right to submit a claim to the at-fault commercial vehicle driver’s insurance provider. This is commonly known as a third-party claim.
The Right to Seek Counsel
Trucking industry accidents can be horrifically traumatizing and anxiety-provoking events. They can cause physical injuries and property damage to those involved. Your experienced truck accident attorney can navigate legal matters on your behalf.
You can expect your lawyer to negotiate with the trucking industry attorney and insurance company so that you may spend your energy on healing. To be awarded the compensation you deserve, you need a truck accident lawyer, and it is within your rights to hire one.
Understanding Liability and Compensation in a 18 Wheeler Accident Lawsuit
Following a commercial truck accident, you or your family members may have experienced
fatalities or catastrophic injuries. Your medical care and property damage can result in exorbitant expenses to repair and replace property, as well as tremendous medical expenses for the medical treatment you need. As your medical bills pile up, you may wonder how you can receive fair compensation to help pay for your medical expenses.
For the last decade, Texas drivers have experienced an increase in truck accidents. Texas consistently has more fatalities due to commercial truck accidents than any other state in the United States. There is a shortage of commercial truckers, leading to trucks remaining on the road longer than they should and with drivers having less training than was appropriate. Driver fatigue and lack of training create dangerous conditions that are often the cause of truck accidents.
Liability in car accident cases is somewhat different than in truck accident cases. After vehicle accidents, it is crucial to determine who are the liable parties. In truck accidents, there are generally multiple parties that could be at fault beyond the truck driver.
Determining Fault After a Truck Accident
Liability, or determining fault, is a critical portion of handling accidents with commercial vehicles and the resulting the truck accident injuries sustained. Liability may lie with parties such as:
- Truck driver
- Trucking company
- Cargo company
- Manufacturer
- Vehicle service or repair company
The driver may be at fault because they were fatigued or distracted. But, according to the legal theory of respondeat superior, the trucking company is held responsible for actions performed by their employees while acting in the course and scope of their employment. This points the finger at the trucking company for its failure to hire qualified drivers and/or the lack of training or supervision they received.
Texas observes a modified comparative fault rule. If you are more than 50% responsible for a truck accident, you may not be entitled to any damages.
Three Steps to Obtaining the Best Results After a Truck Accident
There can be many recommended steps for a truck wreck accident victim to follow in order to receive the desired outcome in a truck accident case. If you follow the following steps, you will be doing yourself a favor when the time comes to negotiate a settlement or to litigate:
- Seek medical attention. Your medical provider will advise you on how your severe injuries must be treated. Though medical bills may mount, it is important to follow the advice of your doctor to the letter.
- Collect evidence. To prove liability and that you are due compensation, evidence gathering should be your next step. You should collect medical documentation about any serious injuries and bills or receipts for medical expenses. Provide police reports, contact information, and photos or videos from the accident.
- Hire a truck accident attorney. By having legal counsel secured early in the process, you can ensure that evidence is preserved correctly so that your truck accident case will have the evidence needed in the future. Your attorney will understand the evidence that is important to collect and will make sure it is promptly and appropriately done.
Help That an Experienced Truck Accident Lawyer Will Provide
While police reports and your accounting of events may give a lot of information about severe injuries, property damage, and other aspects of the vehicle accident, there is still important evidence that can prove liability in a truck accident. Your attorney will collect the items detailed below in an effort to prove liability.
Black Box
The black box is essential to retrieve and have analyzed. It provides information about how fast the truck was traveling, its braking and steering, and other points that may help prove the driver’s liability. Without a qualified truck accident attorney, downloading the black box information and assessing the data is nearly impossible.
Spoliation Letters
An experienced truck accident lawyer can send communications called spoliation letters to the trucking company and the insurance company to ensure evidence is preserved. If they fail to maintain the evidence properly, they can face serious consequences in the courtroom. If this step is not taken, the black boxes – and potentially other crucial items – can be destroyed.
Statute of Limitations for Personal Injury Cases in Texas
When you or a loved one has been injured in a truck accident, it can be difficult to concentrate on anything other than recovering from physical injuries. If you have lost a loved one in a truck accident, your grief may be so consuming that it is difficult to think ahead to a lawsuit. While it is not likely your first thought or priority, it is important to understand that Texas has a statute of limitations – a deadline by which an affected party must file a lawsuit or be forever barred.
It is crucial to adhere to the Texas statute of limitations if you have been injured and need to collect damages. Here is what you need to know if you are entitled to recompense from a responsible party in a truck accident in Texas.
Texas Statute of Limitations
For trucking accidents and all other personal injury lawsuits in Texas, there is a two-year statute of limitations. You must file a lawsuit within two years of the accident that resulted in injury or death.
Why is there a statute of limitations? The primary reason is that evidence must be kept fresh in order for it to be considered in a litigation situation. It is difficult to rely on eyewitness testimony as time lapses since memories naturally fade.
As soon as you are able, you should speak to an attorney about your truck accident. This ensures the facts of the case are fresh in your mind and the minds of other witnesses. To resolve your case with a generous settlement, it is in your best interest to act sooner rather than later.
Contact the Houston Truck Accident Lawyers at Dax F. Garza, P.C. to See if You Qualify to File a Truck Accident Claim
If you or a loved one has been injured in a truck accident, to receive the compensation that you deserve, our lawyers are ready to help. A truck wreck can turn your life and the life of your loved ones upside down, and while monetary damages will not correct the wrong, they can help to restore your life as much as possible.
Contact Dax F. Garza, P.C., to set up a free consultation so that you can see if the accident and your injuries make you eligible to file a truck accident claim. We can begin investigating your case to assemble the kind of evidence needed to build a strategy so that your case can result in the maximum benefits you are entitled to.
