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There are few accidents as devastating as 18 wheeler accidents in Katy. 18 wheeler trucks are virtually the largest vehicles on the roads and are capable of catastrophic injuries and even death.
Your injuries might be too severe to address the accident just after it happened, but if you are able, you can take several steps to help your case later. These include reporting your accident, documenting your injuries, and speaking with eyewitnesses. Our firm will also investigate your claim to determine each party that should be held liable. Liable parties might include the truck driver, their employer, or another driver on the road at the time of your accident. In general, the statute of limitations for truck accident claims in Katy is two years. Waiting to bring your claim could cause you to miss the filing deadline, which would bar you from recovery.
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case review from our Katy, TX 18 wheeler and truck accident lawyers.
What You Can Do After Being Injured in an 18 Wheeler and Truck Accident in Katy, TX
Recovering compensation after an 18 wheeler truck accident in Katy can be challenging. However, you can take several steps to help you immensely later during a lawsuit. Of course, the injuries sustained in an 18 wheeler accident are often catastrophic, and the victim might not be able to do anything but await medical care. If you are able, you can ask emergency medical personnel or a witness to help you gather information. Our 18 wheeler and truck accident lawyers can use whatever information you obtain to help recover compensation in your case.
Call 911
After you have made sure you are safe following an 18 wheeler accident, call 911 immediately. Law enforcement and emergency medical services should be dispatched to the scene. While it might go without saying, you should always call 911 after being injured in an accident. The police will investigate the accident and record the findings in an accident report, which our firm can help you obtain later. These documents can be especially helpful to injury claims, as Texas allows opinions or conclusions made in police reports to be admitted as evidence.
Exchange Information
If your injuries allow for it, exchange information with the truck driver. This includes getting their license, insurance information, and registration. Also, be sure to ask or note who the truck driver works for, as the trucking company that employs them might share the blame for your injuries. If your injuries were such that you could not speak with the truck driver, you can still get that information later from the police accident report.
Document the Scene
Documenting the scene just after an 18 wheeler accident can make all the difference in a lawsuit. If you can, take pictures of as much of the accident scene as possible, including debris, the location, and the surrounding roadway. Even if you think it might not be relevant, take a photo anyway. You cannot be sure what might be important when one of our truck accident attorneys looks at pictures. Photos of your injuries after you just sustained them can also be used as evidence in your lawsuit.
Talk to Eyewitnesses
If any witnesses stop, speak with them and get their contact information. The more information you can get at the scene, the better since details often get forgotten when the lawsuit comes around later. If you were unable to talk to eyewitnesses because of your injuries, our attorneys can get in contact with them at a later date to obtain their statements.
Seek Medical Care
You will likely need to seek medical treatment following an accident with an 18 wheeler. However, if your accident was fortunately minor, you should still get medical care. Not all injuries make themselves known immediately after an accident. Going to the hospital after an accident could reveal serious injuries that cause serious problems later. For example, ignoring injuries like whiplash or internal injuries might to lead to severe complications down the line.
It is also important to get medical treatment so that you can begin documenting your injuries and the treatments that will be needed to recover. Waiting even a short amount of time to see a doctor following your accident opens you up to the insurance company arguing that your injuries must not be that serious and do not require compensation in Katy.
Speak with Our Lawyers
After receiving the proper medical care, speak with our 18 wheeler and truck accident lawyers about what steps to take next. Our team can collect evidence to prove your case and calculate your damages, so you receive the compensation you are entitled to. We can also deal with insurance companies and defense attorneys while you focus on making a full recovery. Regardless of your injuries or the circumstances of the collision, our attorneys are ready to fight to get you justice for your injuries in Katy.
Determining Who is Liable for an 18 Wheeler and Truck Accident in Katy, TX
Many 18 wheeler truck accident lawsuits in Katy are challenging because there is often more than one party responsible for causing the accident. The truck driver is usually the first person to be investigated for liability, but other parties could be liable depending on their responsibilities.
18 Wheeler Driver
Truck drivers are required to drive with the same reasonable care that all drivers must use when operating their vehicles. If a truck driver causes an accident while distracted or speeding, they can be held liable for negligence like any other driver. However, truckers must also observe several state and federal trucking regulations, including the guidelines on hours of service. Truck drivers must only operate their trucks for a certain number of hours during the week and inspect their vehicles before taking them out. Failing to adhere to these guidelines might lead to accidents caused by drowsy driving or vehicle malfunctions.
Trucking Company
In some cases, the trucking company can also be held liable along with the negligent driver. If the driver works directly for the trucking company, the trucking company can be held vicariously liable if its driver caused an accident while performing their normal job duties. However, if the truck driver is an independent contractor, the trucking company will likely be off the hook since independent contractors typically own their 18 wheelers and technically work for themselves.
A trucking company could be held liable for its own negligence, though. Trucking companies must conduct background checks so that they hire safe and competent drivers and ensure that they are trained for the job they were hired for. If records show that the trucker had a history of dangerous driving or they were not trained, the trucking company could be sued. Our attorneys can review your case to determine all the parties that should pay for your damages, including negligent trucking companies.
Other Parties
Other parties still might be liable for your recent accident involving an 18 wheeler in Katy. Large trucks cannot move as freely as passenger cars, meaning they might not be able to swerve out of the way of a negligent driver without also striking another vehicle on the road. In such accidents, the other passenger car driver whose recklessness caused the 18 wheeler driver to swerve into your lane might share liability for your injuries.
In other instances, a mechanical failure within a truck might cause an accident. When such accidents occur, the vehicle manufacturer might share fault for a victim’s injuries, as well as the trucking company that failed to check the truck for issues or perform routine maintenance.
When to File Your 18 Wheeler and Truck Accident Lawsuit in Katy, TX
After being injured in an accident involving an 18 wheeler or other large vehicle, you should familiarize yourself with the statute of limitations for bringing such claims in Katy.
According to Tex. Civ. Prac. & Rem. Code § 16.003, the filing deadline for truck accident claims in Katy is two years. That said, if your claim involves the government, you may only have six months to file a notice of claim. These deadlines are in place to prevent unfair persecution of negligent parties, and they are strictly enforced by the court. If you do not file within the statute of limitations, you will be barred from recovering compensatory damages of any kind.
The sooner you file your claim, the better. When you approach our lawyers with your case immediately after your accident occurs, we can spend the necessary time investigating the incident and gathering evidence of negligence. That way, when we file your lawsuit, we can do so knowing that we have a strong case against the defendant. Waiting to consult with our attorneys and file your claim might lead to evidence being lost and other issues that could undermine your case in Katy.
Calculating Damages in 18 Wheeler and Truck Accident Claims in Katy, TX
After taking on your case, our lawyers will go over all of your losses, both financial and emotional, to calculate the damages you are entitled to. This is important so that you understand the value of your truck accident claim in Katy.
Economic Damages
We will begin by calculating your economic damages. These are the easiest damages to determine since there is concrete proof that they exist. Economic damages refer to the financial losses incurred by victims because of negligence. Most notably, this will include any medical expenses necessary to treat the injuries you sustained in an 18 wheeler accident in Katy. In addition to medical expenses, victims can recover compensation for lost wages and additional out-of-pocket expenses, like in-house care or transportation costs. By keeping all documents detailing your financial damages, our lawyers can more easily add up your losses and request accurate compensation in your claim.
Non-Economic Damages
Calculating non-economic damages sustained by 18 wheeler truck accident victims will require different tactics. Using either the per diem method or multiplier method, we can put a price tag on your pain and suffering. The per diem method involves assigning a dollar amount to your daily non-economic losses and multiplying that amount by the number of days you have experienced pain and suffering and will continue to experience pain and suffering. The multiplier method involves picking a multiplier, typically based on the severity of the victim’s injuries, and multiplying that number by the victim’s economic damages. Either method can result in an estimation of appropriate non-economic damages that we can submit within your initial truck accident complaint. Texas does not limit emotional damages for victims of 18 wheeler accidents.
Punitive Damages
In Katy, punitive damages can be awarded when defendants act with fraud, malice, or gross negligence when causing victims’ injuries, according to Tex. Civ. Prac. & Rem. Code § 41.003(a). Furthermore, punitive damages can only be awarded when victims go to court and juries unanimously agree that punitive damages are appropriate. In cases involving trucking companies or negligent manufacturers, recovery of punitive damages may be more likely.
According to Tex. Civ. Prac. & Rem. Code § 41.008(b), punitive damages may not exceed two times the amount of economic damages plus an amount equal to non-economic damages awarded by a jury, not to exceed $750,000, or $200,000. Our attorneys can review your case to confirm whether or not punitive damages might be available to you in Katy.
Call Our Katy, TX Lawyers About Your 18 Wheeler and Truck Accident Today
For a free case evaluation from the 18 wheeler and truck accident lawyers of The Queenan Law Firm, P.C., call us today at (817) 476-1797.