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August 1, 2024 by Greg Baumgartner
Did a commercial truck hit you from behind? Want to know how to get the most money from the settlement? This article by Houston car accident lawyer Greg Baumgartner at Baumgartner Law Firm explains the critical steps for maximizing a successful claim after being rear-ended by a company vehicle. Including understanding liability, documenting injuries, navigating insurance negotiations, and the importance of legal representation.
Establishing fault in a rear-end collision that includes a commercial truck can be complex. Ordinarily, the motorist at the back is considered responsible for such accidents. Nevertheless, the driver and their trucking company could bear responsibility for any collisions when it involves a commercial vehicle. This holds particularly true if an accident occurs while employees carry out tasks related to their jobs.
The specifics of state legislation and rules about negligence may also influence the outcome of a commercial truck settlement. For example, in situations where there’s involvement with commercial trucks, it’s possible that liability could rest on the shoulders of the employing trucking firm, provided that the driver was acting within his or her employment duties at the time of the incident.
Getting proof of negligence on the job can substantially boost your compensation from such settlements. Receiving compensation for a commercial vehicle accident can be challenging due to the severe injuries and high settlement amounts. It is crucial to have a thorough understanding of the process. Commercial truck accidents often result in serious injuries.
Injuries can result in big settlements that may be hard to get. Knowing the process is important for getting compensation. It’s important to understand the process thoroughly.
Employers are responsible for ensuring the safety of their working environment and properly maintaining their vehicles, especially in professions that involve truck drivers. This responsibility encompasses performing routine maintenance checks and hiring only competent and qualified drivers.
If an employer fails to perform these duties and a truck accident occurs, they could be responsible for any harm that happens.
Employee carelessness plays a considerable part in rear-end collisions. Drivers must comply with safety regulations and refrain from engaging in hazardous conduct. In Texas, drivers must keep a proper lookout. Failing to do so can be negligence. People who are aware of a driver’s history of reckless driving can testify as character witnesses. They can provide details about the driver’s behavior leading up to the incident. This information can be used to support or challenge the driver’s case.
If vehicle upkeep is neglected, such as defective trailer brakes, accountability might broaden to encompass trucking companies at large, specifically the involved ones.
Collisions involving a vehicle being struck from behind can lead to various serious injuries, such as:
Such severe injuries may profoundly affect an individual’s well-being and daily living over an extended period.
To construct a solid case, it is crucial to have a deep understanding of these types of harm.
One of the frequent injuries from rear-end collisions is whiplash, which typically occurs during a car accident. The neck’s rapid backward and forward motion caused by the sudden impact can lead to sprained ligaments and persistent neck pain.
It’s important to get medical help right away and carefully record any injuries to help with your compensation claim.
Injuries to the back and shoulders frequently occur during rear-end collisions. A sudden impact can lead to ongoing pain and difficulty moving. These can be due to injuries such as strains, sprains, or serious spinal problems like herniated disks. These injuries may require long-term medical treatment and recovery.
Despite being less often mentioned, shoulder injuries from these incidents are equally incapacitating, and they must be meticulously recorded.
If the head experiences a sudden jolt or impact during a rear-end collision, it can lead to traumatic brain injuries, which may cause significant cognitive and physical impairments. To mitigate long-lasting complications, diagnosing and treating these injuries promptly is crucial.
In legal claims related to TBIs from rear-end collisions, medical professionals can provide critical testimony regarding the extent of the injury and its effects. This contribution is essential in demonstrating the severity of such injuries.
Understanding the appropriate actions right after being rear-ended is crucial for obtaining a just settlement. Initially, prioritize everyone’s safety by assessing any injuries and relocating to a secure area if feasible. It’s essential to contact 911 immediately to report the accident and request emergency assistance.
Subsequently, collect essential details, including:
Sections will elaborate on documenting evidence at the accident scene and pursuing immediate medical attention—indispensable measures in this process.
Call Emergency Services
Reaching out to emergency services guarantees prompt treatment for serious injuries and establishes an official event account. Paramedics at the scene can check how badly you are hurt and decide if you need to go to the hospital right away. This action is crucial for both your well-being and the validity of your claim.
Documenting the Accident Scene
Detailed photographs of the accident scene are essential for providing visual proof supporting your case. Ensure you get extensive pictures of all vehicles involved, showing their placement and any damage incurred. Take pictures of things like traffic lights, roads, and weather to understand how the accident happened. These details can help explain the situation.
Seeking Medical Treatment
Getting quick medical help ensures the right treatment for any injuries, even if they seem small. It also documents the injuries, including ones that may not appear immediately. Healthcare provider documentation is crucial for claims, as it helps determine compensation for pain and suffering damages.
In a rear-end crash, the driver in the back is often blamed for following too closely or not paying attention. Nevertheless, to solidify your claim, more proof might be necessary. Collecting evidence like photos of the accident scene, skid marks on the road, and damage sustained by vehicles can aid in piecing together what transpired before the crash.
Eyewitness testimonies and video recordings captured by traffic cameras can also greatly help determine responsibility. The following segments will explore these tactics thoroughly to give you an exhaustive method for establishing fault in such accidents.
It’s essential to document specific details, including:
Securing a police report at the accident site offers an authoritative account for use in insurance and legal contexts.
Accident reconstruction experts and truck black box recordings can provide insights into speed, braking patterns, and additional relevant data during the incident.
Gathering testimony from witnesses at the scene can bolster your claim. Ensure you obtain their contact details because their statements might reinforce your argument. The accounts of witnesses are instrumental in confirming the events’ timeline and the conduct of drivers engaged in the accident.
Footage from traffic cameras or dash cams provides an objective view of the accident. They capture facts that eyewitness accounts may miss. The footage can prove the events’ chronology and highlight any outside influences that may have contributed to the crash.
Such footage is essential evidence that can considerably bolster your legal argument.
The average truck accident settlement in Texas can vary widely due to different factors, including the severity of injuries and the circumstances of the accident, particularly involving large commercial trucks like 18-wheelers. The average settlement amount for a truck accident is impacted by several elements, such as the extent of medical expenses, income loss due to time away from work, and emotional distress.
Settlements in incidents where individuals were rear-ended by commercial trucks can vary widely, starting at tens of thousands and escalating to millions of dollars. Understanding these factors is crucial to securing equitable compensation.
In the event of a commercial vehicle accident, understanding truck accident settlements is crucial, as incurred medical expenses include:
Potential future medical costs should be evaluated to address continuous and extended care requirements. These expenses are an essential element in determining your settlement after an accident.
Calculating lost wages involves determining the number of work hours missed and multiplying it by one’s hourly wage rate or substantiating it with documentation such as pay stubs and tax records. Claims for lost wages may include compensation for paid time off during recovery.
If an injury leads to a prolonged or permanent reduction in earning ability, claims may account for diminished earning potential.
The evaluation of pain and suffering operates on a scale that is utilized in conjunction with the accumulated special damages to determine compensation. Factors such as the severity and length of time of physical pain and emotional distress may impact the awarding of non-economic damages.
Included within non-economic damages are considerations for emotional distress, humiliation, and diminished enjoyment of life.
Navigating the process of filing a claim with insurance companies after experiencing a rear-end collision can be daunting. To aid in this, consider the following advice:
The money you get from a settlement could be affected by how much insurance the driver who caused the accident has. Passengers have rights, too. They can get money back for medical bills from a truck driver’s mistake that hurt them in a crash.
During your first interaction, anticipate that the insurance company will request comprehensive details concerning the accident. It is important not to concede liability or disclose excessive information during these exchanges.
Gathering your evidence is crucial to ensure you receive fair compensation.
Negotiating a Fair Settlement
Insurance providers may propose prompt settlements, anticipating you’ll agree to a modest sum before completely grasping the extent of your injuries. Resist accepting the initial proposal, as it tends to be unjustifiably low.
Instead, send a comprehensive demand letter that includes all pertinent evidence, and prepare yourself for making a counteroffer.
When to Consider Legal Representation
You are not legally required to give a recorded statement to the insurance company. In instances where your claim is rejected or if you are presented with an unfairly low settlement offer, it may be beneficial to engage the services of a personal injury lawyer.
Some lawyers offer free consultations to review your case and suggest the best plan of action going forward.
Hiring a personal injury lawyer can help you get a fair settlement if you were rear-ended by a commercial truck. Truck accidents are complex due to laws and large size. Skilled personal injury lawyers can handle these challenges effectively. Truck accident lawyers can handle complex responsibility issues and make sure all parties are held accountable.
When you’re rear-ended within Houston, obtaining legal advice without delay is crucial. Subsequent sections will elaborate on the proficiency of lawyers specializing in truck accident cases, their role in ensuring victims secure just compensation, and information regarding opportunities for free initial consultations.
Attorneys who are experts in truck accident cases understand the norms and regulations governing commercial trucks. These lawyers grasp the intricate details involved in semi-truck accidents, particularly concerning maintenance practices for such vehicles and proper procedures for cargo loading.
In semi-truck accident litigation, knowledgeable witnesses can provide valuable perspectives on industry practices, pinpoint regulatory compliance breaches, and point out the economic impacts on those affected by the accident.
Having a skilled lawyer by your side guarantees you the fullest compensation when dealing with insurance companies. Attorneys have the expertise to:
Numerous truck accident attorneys specializing in such cases provide complimentary evaluations to examine the details of your incident and identify the most effective strategy moving forward. These meetings can be instrumental in shedding light on possible resolutions and tactical approaches pertinent to your claim.
Leveraging these no-cost consultations empowers you with a clearer comprehension of available choices and an estimation of the value of any settlement that may ensue from your truck accident case.
Being hit by a commercial vehicle can lead to physical injuries and legal and insurance issues. This can cause a lot of problems for the person who was hurt. The injuries can be severe and require medical treatment. Additionally, the legal and insurance matters can be complex and time-consuming to navigate. It’s critical to comprehend the aspects of fault, typical injuries sustained, and immediate actions post-incident to secure optimal compensation for your damages. Protect your rights by getting an experienced attorney.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
Who is usually at fault in rear-end accidents?
In rear-end collisions, the driver at the back is often held responsible. This stems from the legal doctrine that motorists must keep a secure gap between their car and the one ahead to prevent accidents. Following too close is a common cause of auto accidents.
What are the common injuries sustained in rear-end collisions?
Frequent injuries resulting from rear-end collisions typically encompass whiplash, spinal damage, broken bones, and traumatic brain injuries. Such traumas can significantly impact a person’s long-term health and quality of life.
How can fault be proven in a rear-end accident in Houston?
Collecting various forms of evidence, such as photographs of the accident scene, statements from witnesses, footage from traffic cameras, and any visible skid marks, is critical to establish liability in a Houston rear-end collision.
What should you do if you were rear-ended in Houston?
Should you find yourself having been rear-ended in Houston, it is imperative to consult with a legal professional promptly and gather proof to ensure you receive just compensation.
How much is a rear-end accident worth?
That question depends on three factors. 1. How bad was the impact 2. How much are your medical bills, and how badly does your doctor say you are hurt 3. What insurance coverage is available for the accident?
Because company vehicles usually have commercial liability policies, the second factor above is usually the most important in determining a case’s worth.
Legally Reviewed by Houston personal injury lawyer Greg Baumgartner of Baumgartner Law Firm
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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