I Was Hurt in an Accident With a Big-Rig: Can I Sue?
Written by greg on October 18, 2018
When you are involved in a serious accident, it can be devastating. This is especially true when the accident involves a semi-truck. Semi-trucks are big and heavy, and when they hit other vehicles, there are often severe injuries or fatalities. Victims often wonder how to get the money they deserve for their damages and injuries. One way to ensure that your rights are protected is to seek assistance from a Houston truck accident attorney. You may be owed money for your injuries as well as for other damages such as lost wages and pain and suffering.
What Caused the Accident?
In order to seek compensation from the right party, you will need to know what caused the accident. There are many things that can cause or contribute to accidents, but they generally fall into one of three main categories. These include human error, mechanical failure, and outside factors such as weather or road conditions.
Finding the cause of the accident is not always easy, but it will help you determine which party is at fault and should be held responsible for the damages. For example, if a brake failure caused the truck to crash, the trucking company might be responsible if they failed to properly maintain the vehicle. There could be a variety of factors that contribute to a single accident.
In some instances, you may need to file a claim against more than one party, including the driver, trucking company or owner, and the truck manufacturer. The court will ultimately determine fault in an accident claim. However, you can take some steps to find out what happened. Your attorney will review the accident report and every detail of the crash. In some cases, accident reconstruction may be necessary to find out what happened immediately before, during, and after a crash.
Modified Comparative Fault
Comparative fault is a legal term that is used to describe how much responsibility each driver holds for an accident. Texas is considered a modified comparative fault state. This means that a driver may recover damages even if he or she was partly at fault for the accident, as long that fault was not more than 50%. If you are found to be 51% at fault or more, you will not be able to recover any damages.
Therefore, it is extremely important to be able to prove that you were not at fault for the accident. Your attorney will take the appropriate steps needed to assist in finding the cause of the crash. In addition, your lawyer will work with the insurance company to negotiate a reasonable settlement that will cover your medical costs and other damages.
Many cases can be resolved through a settlement, especially when the negotiations are guided by an experienced attorney. In some cases, an adequate settlement cannot be reached. In those instances, the matter will need to go to court. Truck accidents can be extremely complicated and are best handled with help from a Houston attorney with substantial truck accident litigation success. We can fight for the compensation you deserve. Contact our legal team today at Baumgartner Law Firm for a free case consultation – Call 281-587-1111.