Being involved in an accident with a large commercial truck can be overwhelming and challenging. Many of the time, these accidents lead to devastating injuries, property damage, and deaths. As an injured victim, you may have thousands of questions. You may feel lost, not knowing what you should do to get compensation for all of your losses. However, you are not alone in this situation. Every year, thousands of truck accident injury victims go through the same process. Our Arlington, TX truck accident attorneys from The Queenan Law Firm, P.C. explain who to sue if you get into an accident with a commercial truck in Texas.
Do I Sue the Driver or the Trucking Company After a Commercial Truck Accident in Texas?
It is essential to consider all of the circumstances surrounding your crash before filing your truck accident claim in Texas. Typically, the truck driver is responsible for your injuries, property damage, and losses after a collision. Whether you had a car accident or a motorcycle accident, the truck driver is the person against whom you would file your personal injury claim. However, the process of getting compensation may not be as easy as you may think.
Most truck drivers can’t pay for all of your losses. For this reason, they must carry insurance coverage to help cover your expenses. The problem with solving your situation through an insurance settlement is that they will rarely cover all of your losses. For instance, most insurance companies base their coverage on losses they can quantify, such as your medical expenses, lost wages, and property damage. However, they tend to leave out other losses such as your pain, suffering, and mental anguish out of their equation. You may wonder whether you have additional resources to help you get full compensation after a severe truck accident in Texas.
Fortunately, you can include the truck driver’s trucking company as a co-defendant in your personal injury claim. Usually, a trucking company is liable for the negligent actions of its employees. However, it is essential to identify whether the truck driver in your accident is the truck’s owner or an independent contractor. This is a critical distinction because, generally, independent contractors and drivers who own and operate their vehicles are solely responsible for any accident they cause. It is always in your best interest to hire a truck accident attorney who can help you determine the best course of action after your truck collision.
Holding a Trucking Company Liable for a Commercial Truck Accident in Texas
Trucking companies may be liable for the actions of their drivers. In addition to providing their employees with all the necessary safety equipment, they must also check their trucks to avoid any potential issues on the road. There have been many instances where a trucking company fails to check their truck’s brakes, engine, and transmission, which have led to otherwise preventable, devastating crashes.
Additionally, trucking companies have a duty to screen all of their drivers adequately. The trucking company must make sure they are diligent during the hiring process and inquire about their potential truck driver’s previous history driving large commercial vehicles.
Failure to be diligent and responsible when hiring a driver can lead to otherwise preventable accidents, for which the trucking company is solely responsible.
However, the truck driver and their employer may not be the only parties involved in your claim. If a defect on the truck caused your truck accident, you might also include the truck’s part manufacturer. It is always recommended to consult with an experienced Texas truck accident attorney who can guide you and let you know the best course of action.
How to File a Lawsuit for a Commercial Truck Accident in Texas
It is easy to feel lost after a truck accident, especially if you sustained severe injuries and suffered many losses. However, you must act as quickly as you can after your crash. Time is essential when filing your truck accident claim in Texas. The statute of limitations limits the time you have to file your lawsuit short. Therefore, it is critical to contact an attorney and get started on your case right after your truck collision.
In Texas, you have up to two years from the moment of your accident to file a personal injury claim. If you miss this deadline, the court may dismiss your case, and you may not be able to fight for compensation.
With your attorney’s help, you should be able to file your claim on time and continue with your personal injury case. Once you have filed your lawsuit, you will need to prove the truck driver’s negligence through evidence.
Typically, you are required to show the truck driver owed you a legal duty that was breached, caused you harm, and your harm led to losses. After substantiating all of these elements with evidence, the court may grant you compensation for your medical expenses, lost wages, and pain and suffering.
The liable parties may argue that you had at least some degree of fault for your accident. Many times, this happens because the at-fault party doesn’t want to pay full compensation. Texas follows a “modified comparative negligence rule,” which means that the compensation you are entitled to may be reduced by an amount equal to your percentage of fault. However, your Texas personal injury lawyer can help you challenge the defendant’s arguments and fight for full compensation.
Texas Commercial Truck Accident Attorneys Offering Free Consultations
If you or a loved one was injured in an accident involving a large commercial truck in Texas, we can help. Our Arlington, TX personal injury attorneys can help you fight for the compensation you deserve. When you retain the services of The Queenan Law Firm, P.C., you will get the aggressive, strategic, and quality legal representation you deserve. Call our law offices today and schedule your free, confidential consultation. Our phone number is (817) 476-1797.