Who Should I File a Claim Against in a Texas Truck Accident?

Despite trucks making only 4% of all vehicles on the road in 2019, they still accounted for 10% of all fatal crashes in the United States. What is more worrying is that the same statistics ranked Texas as the state with the highest number of occupants killed in large truck accidents.

The large size and weight of trucks make their accidents extremely serious, and most victims get confused on who to sue for damages. But with the expertise of an Edinburg personal injury lawyer, you can focus on emotional and physical recovery, as they handle the legal aspects of your case.

Who Should I Sue in an Accident with a Fire Truck?

Texas has laws that prohibit people from suing a government entity without a proper reason. Your ability to sue the fire department depends on whether the lights were on or not. Motorists are required to give fire trucks the right of way if their sirens and emergency lights are on.

If the lights were on but you still believe that you got into an accident because the fire truck driver did something seriously unsafe or wrong, consider discussing it with an Edinburg truck accident lawyer. But you will have better odds of winning if the emergency lights were off and they were at fault.

What is the Deadline for Filing Truck Accident Cases?

You might have all the pieces of evidence required to successfully file a claim in Texas, but if you fail to observe the legal time limits, it might all be in vain. Judges dismiss cases filed after the lapse of the deadline, and the truck accident victims might not access justice.

Injuries and Property Damage

Persons injured or whose properties are damaged in a truck accident only have two years to file. Counting begins on the day of the crash.

Death

Families of a person that succumbed to a truck accident’s injuries have two years to file as well. However, counting begins on the day they die, and not the day of the wreck.

Talk to an Edinburg truck accident lawyer for guidance on how much time you have left to file. They can also represent you and fight for compensation on your behalf.

Why Do I Need an Attorney After a Truck Accident?

Truck accidents are different from wrecks involving other motor vehicles in Texas. The injuries are not only severe and fatal, but the insurance policies and companies you will be seeking compensation from might be very different.

You will need an attorney that:

• Understands the challenges with these types of cases
• Has the resources to fight against powerful companies
• Can gather evidence in a timely fashion
• Can advocate for you to seek specialist medical care, tests, and diagnosis
• Knows the inner workings of the truck industry
• Can investigate the truck wreck
• Can document your claim
• Can negotiate with the insurance companies
• Can file a lawsuit in court when necessary

Make sure that you only hire a lawyer that can add value to your case and represent your interests without relenting. Remember that your choice of attorney significantly influences the outcome of your case.

How Much Compensation Can I Get Out of a Truck Accident Case?

Victims of truck accidents do not deserve to simply reach a settlement with the parties responsible for their injuries. The goal is to seek and obtain the highest possible compensation for you. And if this is impossible after negotiations with the insurance adjusters, it can be sought in court before a jury. Compensation ought to cover:

• Loss of earning capacity
• Disfigurement
• Physical limitations
• Mental anguish
• Physical pain
• Medical costs

Note that most trucks are commercial vehicles and do not have the financial limitations of personal motor vehicles. Therefore, their insurance policy limits are usually higher, and these additional funds should fully cover all your losses.

What Can I Claim if Someone Dies From the Crush?

Sometimes, truck accident victims and their loved ones need to cover more than medical bills. If a loved one does not survive the accident’s impact, many families are left wondering how much they can claim. A wrongful death lawsuit can assist you to recover:

• Loss of comfort, companionship, love, and society
• Loss of advice, maintenance, support, care, and counsel
• Loss of financial contributions
• Funeral and burial expenses
• Loss of the inheritance you could have received if the person had not died

Apart from the above expenses, you can also recover for their before-death damages. It might include their mental anguish, physical pain, and medical expenses.

Who Can I Recover Compensation From?

A single highway or roadside collision involving a truck can involve many parties. In a multifaceted case, determining who the liable party is, is challenging and might require the expertise and experience of a truck accident attorney in Edinburg and McAllen.

You can prove negligence on the part of the truck driver if they were:

• Driving while engaging in distracted activities such as texting or eating
• On a road rage
• Driving too aggressively for the road conditions
• Speeding
• Driving while extremely fatigued
• Driving while drunk

The trucking company might be negligent if they:

• Pressure drivers to drive longer than the federal law allows
• Fail to perform or postpone diagnostic vehicle inspections
• Delay replacement of key vehicle parts such as mechanical items and tires
• Setting delivery times that undermine safe driving behaviors among drivers

Other possible candidates can be government agencies that fail to keep the roads in perfect conditions, and vehicle or part manufacturers for selling substandard products.

An Attorney Helping the Injured Recover the Compensation They Deserve

Seeking compensation following a truck accident is a fight against big wigs and established entities. Representatives of these companies do not care about your well-being or fairness in compensation. They are out there looking for evidence to implicate the victims, and they can unapologetically use it against you in trial or negotiations.

You deserve an equally competent legal representative that can fight for you and your rights. A qualified and skilled team of legal representatives can build a concrete strategy with the goal of winning. Talk to us today to discuss more details about your case.