In life, No one expects to get into an accident while leaving their house. It is essential that you get to know when to get truck accident attorney Tyler to speak with over a Tyler truck crash attorney if you were injured by an 18-wheeler.
According to statistics, in Texas at least two people die every day due to a car accident. Truck accidents should have declined due to the shortage of drivers who can transport cargo across all states. There is however no proof that the number of truck accidents has decreased, even if they have.
It means hundreds of people still suffer from dangerous truck accidents every year. If you find yourself in a truck accident in Tyler, Texas, then it’s important to contact an attorney who has experience in handling such accidents.
Even though there are many personal injury attorneys, it is best to hire the most experienced.
Tyler Truck Accidents: What causes them?
Texas has some of the lowest reported accident injury rates. The fact that hundreds of truck accidents cause injury every year shows that improvements can be made. Like any accident, many truck accidents that occur today are completely preventable.
Truck accidents are caused by a variety of factors.
- Inadequate maintenance – when workers or businesses fail to service regularly their vehicles’ equipment, such as brakes and tires.
- Faulty parts – when automotive parts fail and are defective while the truck transports a load.
- Violations of Traffic Law – when a driver speeds, ignores a stop sign or runs through a red traffic light. ;
- Improper Load – When a driver is unable to control the vehicle due to the weight of the cargo not being evenly distributed.
- Overloaded cargo — When a truck has too much weight, the vehicle can become unstable.
- Driving fatigue – when a driver has been on the road without a break for eons, they begin to fall asleep.
- Driving Under the Influence– When a driver has been impaired by alcohol, drugs, prescription or over-the counter medications.
- Road conditions and weather – when adverse road and weather conditions can cause an accident.
- Distracted Driving–using your cell phone or any other activity that diverts the driver’s focus from the road.
- Driver training is inadequate. Companies may choose quantity over quality and leave inexperienced motorists on the roads after completing a brief driver training course.
These incidents can lead to disaster. A collision can cause serious damage to someone’s quality of life.
Common Truck Accident Injuries
Trucks have one of the lowest crash fatality rates reported. However, they can still cause severe damage. Truck accidents can cause injuries such as:
- Traumatic Brain Injuries (TBIs)
- Paralysis and spinal cord injury;
- Lacerations and cuts;
- The injuries that affect the cervical spine and orthopedics
- Broken bones;
- Soft tissue damage;
- Internal organ damage, and
- Chronic disability is a group of disabilities that are chronic.
The injuries may be life-long and require treatment. The person or company responsible for the injury should pay for all your medical bills, as well as your suffering. We fight to ensure that clients get the compensation they deserve.
What to Do Following a Trucking Accident in Tyler TX
You can affect your damages claim by taking the right steps immediately after a truck crash.
You have to Call the Police
If no one else has called, the first thing that you need to do is call police and inform them of any injuries.
Exchange Information
It is important to exchange contact information with other drivers and parties involved. Ask for the driver’s name, their address, information about commercial drivers license, employers, insurance etc. Ask for information from any witnesses who stopped. Some witnesses will not wait for the police to arrive. Before they leave, you will need to obtain their contact details.
Enjoy Scene Pictures
Photos of the scene can help you prove your case. Take photos of vehicle damage, and surrounding scenes if you are able to do it safely. Include any physical damage, such as skid marks and debris. Include photos if there are any notable features of the scene.
Watch What You Say
You must be careful what you say, both to the driver who hit you and to the police. It is possible to misinterpret “I am sorry” as an admission of guilt. Avoid saying something which could compromise your case. Do not exaggerate or add anything to what you are asked.
Report an Accident
Report the incident to your insurer and file a claim against the employer or carrier of that driver. The best thing to do is file your claim as soon as possible. You will probably be pressed by the insurance company of the defendant or their employee claim representative to give a recorded recording. You should not give a recorded statement without legal counsel. You are being asked to give a statement that allows the claims adjuster to blame you for something else.
Get Medical Attention Immediately
You should see a physician immediately, even if there is no need for emergency transportation. You should not put off medical attention. If you delay medical treatment, then the insurance company of the defendant or their employer may use it against you. They will claim that you waited too long before seeing a doctor and then blame something else for your injuries.
Contact a Tyler Truck Accident Attorney
After an accident, you should call a Tyler truck crash lawyer from Armstrong, Lee & Baker LLP. We can better protect your rights the earlier you contact a lawyer. It is important to have a lawyer on your side that will not be afraid of taking on these big trucking companies. We will communicate with insurance companies, defense attorneys, and other parties on your behalf when you hire a lawyer. This includes negotiations for settlement.
How to prove liability in a truck accident
You must first prove that the defendants were responsible for your injury before you can receive compensation. When you pursue a claim for negligence, you will need to support the four following elements.
- You owed a duty of care to the defendants;
- You have a legal right to be compensated for the breach of duty by defendants.
- Your injuries and accident were caused by the breach.
- Verifiable evidence of damage
If you cannot prove the four elements then your claim may be denied. It is also important to note that Texas will allow you to receive compensation, even if your fault in the accident was only a small part. It is called comparative negligence. Texas has a modified relative negligence threshold of 51%. This means that you may be able to collect some of the damages you have suffered as long as your fault is not greater than 50%.
The percentage of fault will affect your settlement amount or award at trial. Imagine a scenario where the jury determines that you were 20% responsible. You’d receive 80% your damages. You would not receive any money if the jury decided that you were 60% responsible.
Insurance adjusters will try to assign you more than half of the fault. The insurance company won’t have any exposure if they are able to push you over the 50% mark. It is important to hire a lawyer who is experienced in protecting your interests.
What you can Recover
It is not easy to deal with the injuries that result from accidents. Truck crash survivors require compensation to cover their injuries-related costs. Our goal is to help you receive compensation for damages .
- The loss of future and current wages.
- Health bills
- The pain and suffering of others;
- Rehabilitative care and rehabilitation
- Treatment for mental health
We will take the case to trial if necessary, or settle for a lower amount based on the offer of the responsible party. Our firm will file a lawsuit on your behalf if necessary to recover all the money that you are owed by the party at fault.
File a lawsuit
Some cases never make it to court. Most cases are settled out of court. Only approximately 3-4% go to trial. The most important thing to do is get compensation for any damages that you suffered as a consequence of the accident.
We will review your entire case and ensure all of your expenses are included. Armstrong Lee & Baker LLP can take you case from the consultation stage to trial. Most cases involve the following stages:
- Investigative – the preliminary stage of your case, when your lawyer gathers evidence in order to strengthen your case.
- Treatment – the period following an accident, and afterward when you seek medical attention for your injuries.
- Request – the letter your Tyler truck crash lawyer will send to the insurance provider after they have completed their investigation into the facts;
- The Negotiation – the period between the time the claim is filed and when the responsible party starts negotiating with you.
- Settlement – the phase of your case that you reach if a suitable settlement offer has been received, and your Tyler attorney drafts an agreement for settlement to close your case.
- Trial – The period you will reach after negotiations fail and you are brought in front of a jury or judge to decide liability.
You can still negotiate with your opponent to come to a resolution before the trial, even if you decide to file a suit. You can ask your attorney any questions about the process. All these steps, though they may appear long, will bring you closer to the conclusion of your case.
How much compensation can I expect?
How much is my case worth? This is one of the first questions people ask after they hire an attorney. The reward or settlement is determined by several factors:
- How your injury affects your life and the extent of it
- Your total bill and wage loss;
- Amount of future medical expenses and wages lost that can be reasonably expected
- Amount of Insurance Available from Liable Party
- If you have any medical pre-existing conditions.
- You can also ask yourself if you are at fault.
A number of factors can affect the outcome of a case. Some people may expect millions in compensation, but this is not always true. You will receive a realistic estimate of your compensation from an attorney who has reviewed the details of your case.
Texas Truck Accidents Statute of Limitations
In 18-wheeler accidents you only have a short time frame to file a suit against those at fault. The statute of limitation is one of the most crucial legal deadlines. You have only two years after the date of an accident in most cases to file a suit. The deadline for filing a lawsuit may be altered in certain situations. It could be shorter and not longer.
If you miss this deadline, it is likely that your claim will be dismissed. Your case will likely be dismissed by the court. You do not need to be negotiating directly with the insurance company of the defendant. You will be asked to provide proof of filing a claim prior to the expiration date. You are not legally obligated to accept any payment if you can’t provide proof.
Tyler truck accident lawyers will ensure that you don’t miss important deadlines. We recommend that you hire a lawyer as soon as possible rather than waiting until the end of the claim process.
Tyler Truck Accident Attorney
You can stop searching for “a trucker lawyer near me”. You will not only get an experienced attorney working on your case but also one who is well-versed in truck accident cases that have occurred around Tyler, TX.
Our lawyers at Armstrong Lee & Baker LLP have helped local clients like yourself to get the most compensation possible. You can reach us via phone or text. You can also reach us via email at [email protected]. Contact us now for a no-obligation consultation with an experienced Texas truck accident attorney.