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You have likely driven past a large truck or semi-trailer on the highway and gotten a little nervous. These are enormous, intimidating vehicles that are capable of serious destruction in an accident. Unfortunately, some drivers learn this firsthand when they are caught up in a truck accident and badly hurt. An experienced attorney can help you get fair compensation for your grievous injuries and expenses.
After a truck accident, we may sue the negligent trucker who caused the accident, their employer, and possibly other drivers. While auto insurance should cover your accident, truck accident injuries tend to be severe, and your damages might exceed policy limits. In that case, a lawsuit might be necessary to get you the compensation you need and deserve. As we build your case, we must gather strong evidence to support your claims. Trucking logs, trucking company records, and information about the truck itself may all be important pieces of the puzzle.
Receive a free initial case review by calling The Queenan Law Firm at (817) 476-1797 and talking to our truck accident lawyers.
Who Can You Sue After a Truck Accident?
One of the first things to figure out after a truck accident is who should be held responsible. There may be multiple people or entities implicated in the crash, and our truck accident attorneys must make sure to include all responsible parties, so you get all the compensation you deserve.
Truck Drivers
Many truck accidents happen because of negligent truckers, and the authorities should thoroughly investigate the truck driver in your case after the accident. If they are responsible, we can file a case against them for damages. We might instead file claims with their auto insurance. Your attorney can help you determine which legal option works best for you.
Common examples of trucker negligence include driving while distracted, driving under the influence, or committing common traffic violations. Many other truckers are put on the road before they are ready and might not have the training or experience to drive a truck safely.
The Trucker’s Employer
The trucker’s employer might also be held responsible under the right circumstances. If an employee (i.e., the truck driver) negligently causes injuries while performing normal work duties, their employer (i.e., the trucking company) may be held vicariously liable for the damages.
While employers may be held responsible for the actions of negligent employees, they might not be responsible if an employee causes injuries in other ways. For example, criminal actions by the employee or injuries caused while the employee is off-duty are often not imputed to their employer.
Other Drivers
It is entirely possible that other drivers on the road somehow contributed to the accident. For example, a driver in a car might negligently cut off the trucker and brake check them. The trucker might have to slam their brakes, which can be extremely dangerous if they are speeding. If an accident occurs, the trucker and the first driver may both be held accountable.
Other drivers might be unaware of their role in the accident, and they may have driven off the scene without realizing their involvement in the crash. As such, we might have to work with the police to track down everyone who was involved.
Does Insurance Cover Truck Accidents in Coppell?
Generally, truck accidents may be covered by auto insurance, like many other vehicle accidents. Since Georgia is a no-fault insurance state, you may file a third-party claim with the trucker’s insurance and the trucking company’s insurance.
If your injuries are severe, your damages might exceed the insurance policy limits of the responsible parties. In that case, you may wish to file claims with your own uninsured or underinsured motorist coverage.
While you might not have to take your claims to court if you file an insurance claim, you should still have a lawyer to help you, especially if your claims represent serious injuries and substantial damages. You might have to file multiple claims with different policies, and your attorney can help you coordinate benefits.
Evidence to Help Prove Your Truck Accident Claims
We may rely on a wide range of evidence and information to support your claims in court. While evidence varies from case to case, below are some common examples of evidence we should try to obtain for your case.
Other people might have first-hand knowledge about the accident. People who were at the scene and saw the accident happen may testify as witnesses. Still, others who were not at the scene might have personal knowledge important to the case. Testimony. Your testimony may also be important, as only you can testify about how the accident affected your life.
We might be able to find video footage of the accident. Security cameras are everywhere nowadays, and one might have recorded your accident. Additionally, traffic cameras operated by the authorities may have recorded the accident, and we can contact them to obtain copies. Still, you or other drivers might have dashcam footage of the crash that we can use.
How Much Time Do You Have to File a Truck Accident Case?
While you do not have to rush into legal action, you should speak to an attorney about your options sooner rather than later. You must file your case within the time set by the statute of limitations under Tex. Civ. Prac. & rem. Code § 16.003(a). Plaintiffs typically have 2 years to file their cases in court or risk being forever barred from doing so.
The longer you wait to speak to an attorney, the less time they may have to prepare your case. While 2 years may sound like a lot of time, it is actually a very short period in which to prepare a civil lawsuit. Many cases take months or more to prepare, and every day you wait is a day lost.
Speak to Our Coppell Truck Accident Lawyers About Getting Fair Financial Compensation
Receive a free initial case review by calling The Queenan Law Firm at (817) 476-1797 and talking to our truck accident lawyers.