Texas drivers often feel intimidated by trucks and “big rigs” sharing the roads with them. And with good reason. Truck accidents victims face serious, sometimes deadly, consequences from truck collisions. When these consequences occur because of another party’s negligence, victims are entitled to collect damages.
However, just as trucks intimidate drivers, proceeding with a truck accident lawsuit can be equally daunting to victims. This is where Liggett Law Group can help. Our team has years of combined experience fighting for truck accident victims. We know how the legal process works and know how to get you the compensation you deserve.
Understanding the Basics of Texas Truck Accident Lawsuits
Truck accident lawsuits fall under the broad category of personal injury lawsuits. In a personal injury lawsuit, the plaintiff files a claim against the defendant or defendants. As the victim, you are the plaintiff, and the defendant is who you are holding responsible as the at-fault party.
When you file your claim, you are seeking a compensation for the damages you suffered in the truck accident. These damages include your financial losses from medical bills, income loss, property damage, and other expenses, and your physical and emotional suffering. If a loved one was killed in the accident, you may seek compensation for that loved one’s wrongful death.
To be eligible to collect financial compensation, you must prove the at-fault party was truly negligent by showing they had a legal obligation to preserve your safety, breached that obligation, and the breach caused the accident leading to your measurable damages.
Representation from a Texas Truck Accident Lawyer is Critical to Your Case
Filing against the actual at-fault party is key to a successful case outcome. If you file based on your own impressions or instincts, without a thorough investigation of the truck accident, you can easily file incorrectly, find yourself unable to prove your case and lose that much-needed chance for a financial recovery.
Even if you identify the negligent party correctly, you need to provide comprehensive evidence to prove their negligence. Victims rarely have the resources or “know-how” to secure this evidence.
Liggett Law Group has the experience, resources, and legal acuity to identify the at-fault party and gather the necessary “evidence to prove fault and support your settlement demand, and will file all required legal documentation accurately and on time. Do not fight this battle alone–you will be outmatched. Liggett Law Group is the partner you need to hold the at-fault party accountable for your losses.
Determining Fault in a Texas Truck Accident Lawsuit
Your attorney’s first order of business will be to carry out a full investigation of your crash. There are a variety of potential at-fault parties in Texas truck accidents, and your lawyer will work to discover that party or parties. For example, the truck driver may be at fault, but so might the truck company, the vehicle or part manufacturer, or even a government entity if poor road conditions or defective traffic signals led to the accident.
As your truck accident lawyer investigates, they will also compile evidence by:
- Interviewing witnesses
- Collecting physical evidence from the accident scene
- Securing information from the truck’s “black box” (an electronic device in the truck recording essential data–such as the truck’s speed, number of consecutive hours in service, and other specifics)
- Gathering photo or video footage from nearby traffic or security cameras
- Consulting with relevant experts, including accident reconstructionists
- Reviewing the truck driver’s and company’s compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations
- Pursuing any additional avenues of evidence
Filing a Truck Accident Claim
Texas allows victims two years from the date of the accident to file their personal injury claim. If you do not file within this two-year statute of limitations, your case will likely be dismissed.
Two years may seem like a long time, but investigating and building a solid case takes time. Plus, evidence degrades over time. Witnesses become harder to locate, and black boxes may be “lost” or erased–accidentally or on purpose. Partnering with a Texas truck accident attorney promptly after your crash is essential to a successful case outcome.
Proving Negligence and Navigating Comparative Fault Laws
For an at-fault party to be legally negligent, your lawyer has to prove these elements:
- The at-fault party owed you a duty of care: This duty is a legal obligation to act in ways, or avoid actions, to uphold your safety. All drivers owe other drivers a duty to obey traffic laws and avoid unsafe driving behaviors.
- The at-fault party breached their duty: Drivers who operate while fatigued or under the influence or who speed have all breached their duty of care to those with whom they share the roads. Manufacturers who produce defective devices or equipment are also in breach of their duty.
- The breach caused your accident: Your lawyer must show that the at-fault party’s breach is the direct cause of your accident, not some other factor.
- The accident led to damages: Your lawyer will carefully assess your losses to calculate the total amount of your damages and prove the truck accident caused them.
Comparative Fault in Texas
Under its comparative fault system, Texas victims can only receive financial compensation if they are less than 51 percent responsible for an accident. If they meet this threshold but still hold some fault, say 30 percent, the recovery amount is reduced by that percentage of fault. In this scenario, the victim could collect 70 percent of the full award.
Negotiating a Texas Truck Accident Settlement
Negotiations are the most intense part of your personal injury lawsuit. The attorneys at Liggett Law Group are savvy, formidable negotiators. Insurance companies will do almost anything to argue that you are more than 51 percent responsible for the truck accident or hold more fault than you should be assigned, thereby denying you the full compensation you deserve. Unfortunately, these insurance companies are good at protecting themselves–at your expense.
Our legal team will not let you be re-victimized and will hold the at-fault party’s insurance company accountable for paying you damages. We know the law and are not intimidated or fooled by unethical strategies. If they refuse to own up to their responsibility, we will represent you in front of a judge and jury in court.
We Manage Your Truck Accident Lawsuit from Beginning to End
Personal injury lawsuits are serious business with high stakes. Texas truck accident lawsuits come with their own set of particulars. The good news is, you do not have to untangle these particulars or manage your case on your own–nor should you. For the best outcome and highest case value possible, trust your truck accident lawsuit to the Lubbock truck accident attorneys at Liggett Law Group. Fighting for injury victims is what we do–and we do it well. Contact us today to see how we can help you.