As Featured In
If you or someone you love was hurt in a truck accident, you should contact an attorney as soon as possible. Truck accidents tend to be very destructive, and you may be entitled to compensation for your injuries and losses. Talk to an attorney soon, as your time to file a lawsuit may be running out.
Immediately after a truck accident, you should call for emergency help. Have an ambulance and the police sent to your location to assist and investigate. When you are ready, call a lawyer to discuss beginning your case. We must begin gathering evidence as soon as possible. The evidence we have may influence the type of legal strategies we use to prove your claims and secure financial compensation for you. Plaintiffs in truck accident cases often claim a vast array of damages, and we must account for everything so you do not lose compensation.
For a free, confidential case analysis, call The Queenan Law Firm at (817) 476-1797 and speak to our truck accident lawyers.
What to Do After a Truck Accident in Fort Worth
The aftermath of a truck accident can be overwhelming and confusing. You might be injured and disoriented, but taking the following steps can help you protect yourself.
Call for Help
Your primary goal after the accident should be to get immediate medical attention. Truck accidents are infamous for causing serious bodily injuries. Even if you do not feel badly injured, you might have internal injuries that need immediate attention.
Additionally, the sooner you get to a hospital, the sooner doctors can begin documenting your injuries and treatments. Our truck accident lawyers may need these records as evidence of your damages when we go to court.
Record the Accident Scene
While waiting for the police and an ambulance to arrive, you should try to record the accident scene. If you are severely injured and unable to exit your vehicle, stay put and wait for help. If you can safely exit the car, take photos and record videos of the crash and the surrounding area. These photos may help us prove important facts and details when we take the case to court.
Call a Lawyer
After you have received medical attention, contact a lawyer to discuss how you can get financial compensation for your injuries and other damages. You may be facing substantial medical bills and expensive vehicle repairs. The trucker and the truck company responsible for the accident should be held accountable, and an attorney can help you get the compensation you deserve.
How to Prove Your Claims in a Truck Accident Lawsuit
To prove your claims in court, we need evidence from the accident. This might look like almost anything, and no stone should be left unturned in our investigation. We also need to develop the best strategy fr how to use the evidence in court.
Evidence
Evidence may include things that are common in accident cases, like photos and videos that drivers recorded of the accident scene. We should also interview other people involved in the accident or those who witnessed it, as their testimony may prove invaluable. Your medical records may be necessary to establish the extent of your injuries and damages, and you should see a doctor immediately after the collision.
Legal Strategies
We must determine the best way to present our evidence in court to help you win the case and receive fair compensation. We may use the evidence to highlight the driver’s negligent behavior or the trucking company’s failure to provide proper safety training. We might instead focus on trucking records that show how the trucker had been on the road for far too long without a rest and was too tired to drive safely.
Investigative Reports
The police should investigate truck accidents, compiling thorough records and reports of their findings. While police reports are typically inadmissible as evidence in court, they may still be useful in other ways. If we are having trouble understanding how the accident happened or finding evidence, the reports may point us in the right direction.
The Statute of Limitations on Truck Accident Lawsuits in Fort Worth
You have a limited amount of time in which to file a personal injury lawsuit after a truck accident, so it is best to get started as quickly as possible. In Texas, plaintiffs usually have 2 years from the day they are injured to file their claims in court. If we do not file the initial complaint within this timeframe, we may never be permitted to do so, and you may never receive fair compensation.
How to File a Lawsuit for a Truck Accident
Your attorney can help you prepare to file your case in court. This can be a complicated process, and you should speak to an attorney about how to file your case as soon as possible.
Prepare the Complaint
First, our truck accident lawyers must prepare the formal complaint. This legal document must contain detailed and specific information about the truck accident, including the parties involved, the nature of your injuries, the damages incurred, and the evidence. If the complaint is unclear, vague, or otherwise lacks essential details, the court may reject it, and we may have to start over.
Notify the Defendant
After filing the complaint, we must immediately prepare to serve the defendant with notice of the lawsuit. This must be done according to strict laws and legal procedures. In many cases, notice may be served by certified mail or by delivering it to the defendant in person. If you are unsure where to find the defendant, consult with your attorney immediately.
Identifying Your Damages in a Truck Accident Case
Truck accidents are extremely dangerous, and injured victims often claim a wide variety of injuries and damages.
Economic Damages
Economic damages represent how the truck accident costs you money. Some of the largest expenses you may have include medical bills, vehicle repairs, and lost income if your injuries prevent you from returning to work. You can also include the value of damaged personal belongings that were inside your vehicle and various other costs you may have incurred because of the accident.
Non-Economic Damages
Your non-economic damages are more subjective and revolve around your personal experiences with the accident. They usually cannot be established with evidence of costs alone. Common non-economic damages include bodily pain from the injuries, emotional distress, and psychological injuries like depression or PTSD.
Punitive Damages
Punitive damages are rare but may be awarded as a way to punish defendants for extremely bad behavior. Such damages may only be awarded if a plaintiff can prove by “clear and convincing evidence” that the defendant acted with gross negligence, fraud, or malice. This is a very high burden of proof, and punitive damages are not always awarded even if a case is eligible.
Who Can I Sue for a Truck Accident in Fort Worth?
Truck accidents are often large in scale and require a thorough investigation before we can determine who is responsible. Below are people who are often involved in these kinds of accidents, and you might end up suing one or several of them in your case.
Truck Drivers
Often, the truck driver is directly responsible for the crash, and you may sue them for your damages. Common examples of trucker negligence include driving while fatigued, speeding, and making dangerously sharp turns that cause the truck to swerve or topple over. Often, the trucker’s negligence is determined after a proper investigation.
Trucking Companies or Businesses
If we believe the trucker caused the accident, we may also include their employer in your lawsuit. Employers may be held vicariously liable for injuries caused by employees as long as those employees were acting within the scope of their employment. Unless the trucker did something criminal, like intentionally causing the accident out of road rage, there is a good chance that we can sue the trucking company that hired them.
Suing trucking companies for accidents is often a good idea. These companies tend to have more insurance and financial resources with which to pay for damages, and you may be more likely to get the full extent of your damages covered.
Third Parties
Truck accidents sometimes involve defendants who were not present at the crash but still played a significant role. For example, suppose the trucker crashed and injured you because their brakes were defective. In that case, you may file a lawsuit against the manufacturer of the defective brakes.
Again, whether third parties played a role in your accident may not be immediately apparent. We will likely need to review the results of an investigation before determining who is responsible.
Can I File an Insurance Claim After a Truck Accident?
Since a truck accident is still an auto accident, your damages may be covered by an auto insurance claim. In Texas, injured auto accident victims may file third-party claims with the at-fault driver’s liability coverage. When doing so, you must be prepared to prove to the insurance company that the other driver is responsible. If they do not believe your evidence, they may deny your claim.
Even if you successfully file an insurance claim, it might not be enough to cover all your damages. In such a case, you may need to sue the at-fault driver and possibly their employer to get your remaining damages paid for. Also, insurance typically does not cover damages for pain and suffering. If you are interested in pursuing non-economic damages, a lawsuit may be necessary.
How Soon Can I Get Compensation for a Truck Accident?
Compensation may take time, depending on the factors surrounding the accident. Remember, truck accidents tend to be large and complex, and we may need to wait for the authorities to investigate before we move your case forward. Once the case is filed, it might be months before the trial is even scheduled. Gathering evidence, taking depositions, and holding various pretrial hearings must occur first.
A settlement could help you get compensation faster, but a settlement might not be worth the full value of your damages. If you pursue a full trial, it may be several months or more than a year before you actually receive compensation. While this is frustrating, it is a normal part of the civil justice process, and you should not let it deter you from taking legal action.
FAQs About Fort Worth Truck Accident Cases
How Long Do I Have to Sue for a Truck Accident?
In Texas, plaintiffs have 2 years from the day they are injured to file a personal injury case. However, this limitation period may be adjusted under special circumstances, and you might have more time.
What Are Truck Accident Lawsuits Worth?
While each case is unique, truck accidents often result in substantial compensation due to the severity of injuries and damage. It is not unusual for severely injured plaintiffs to be awarded several thousand or even several hundred thousand dollars in compensation. In extreme cases, millions of dollars could be at stake.
Should I File a Lawsuit or an Insurance Claim for a Truck Accident?
Auto insurance, if available, may help you cover your damages. An attorney can help you file a claim and get as much compensation as possible. If insurance is insufficient or unavailable, you may sue the trucker and possibly their employer.
Who is Responsible for Truck Accidents?
In many cases, truckers are found to have negligently caused an accident, and injured victims may sue them for damages. Depending on the circumstances, the trucker’s employer may also be included in the lawsuit and held vicariously liable. In other cases, a third party, like a manufacturer of faulty truck parts, may be sued.
How Do I Win a Truck Accident Lawsuit?
To win your truck accident lawsuit, you must have enough evidence to prove by a preponderance of the evidence that the defendant is liable. Put another way, your evidence must demonstrate that it is more likely than unlikely that the defendant is responsible for the accident.
What if More Than One Person Files a Lawsuit for the Same Truck Accident?
Truck accidents often affect multiple drivers, and other plaintiffs might file their own lawsuits. In some situations, multiple lawsuits may be combined, and you might become a co-plaintiff with other accident victims.
Review Your Case with Our Fort Worth Truck Accident Attorneys
For a free, confidential case analysis, call The Queenan Law Firm at (817) 476-1797 and speak to our truck accident lawyers.