What Does a Truck Accident Lawyer Do?
Truck driving is a massive and essential industry in the U.S., employing 3.6 million professional drivers. Thousands of commercial vehicles are on the road in Texas, and truck accident injuries and fatalities are the highest in the nation, with 513 fatal truck accidents resulting in 581 deaths. Here is what a truck accident lawyer in Houston will do after an accident.
Crashes involving commercial trucks, such as semi-trucks, tractor-trailers, and 18-wheelers, are some of the most catastrophic traffic accidents. ย If you are injured in a truck accident due to anotherโs negligence, youย need a truck accident lawyer. Truck accident cases are aย part ofย personal injuryย law, in which the plaintiff sues the defendant for compensation, also called damages, for their losses.
How are truck accidents different from other motor vehicle accidents?
Theย Insurance Institute for Highway Safety (IIHS) reports that passengers in passenger vehicles account for the majority of injuries and fatalities in truck accidents. Truck accidents are differentย from most typical car accidents, partly because the truck driverโs employer may also be legally responsible for the accident. Also, a trucking company will probably have a team of lawyers to protect its interests.
Federal and state laws regulate the trucking industry and require certain qualifications for drivers, truck maintenance, logbooks, and regular inspections. Like all accident cases, most settle out of court.ย
However, whether the case goes to trial or not, having a knowledgeable attorney will help support a positive outcome. Each case is unique, butย truck accident attorneys have many essentialย duties and responsibilities.
A trucking accident lawyer provides legal guidance
Someone who has been injured in a truck accident is often traumatized and unsure of what steps to take. Others, with the best of intentions, will offer a great deal of advice. However, they likely do not have the in-depth legal knowledge necessary to handle a complex truck accident case.
Based on their education and experience, yourย truck accident attorney in Houston, TX,ย can explain your legal options and all the nuances of your case. They know what to look for in the insurance policy, how to investigate the accident, determine all the responsible parties, and analyze the relevant legal issues. Equally important, they will guide you in what to do and not do to protect your claim.
A truck lawyer explains the personal injury claim process
Aย truck accident lawsuitย is a complicated process. Your attorney will explain your rights, what compensation might be available, and what to expect as the case progresses. The attorneyโs knowledge of the procedures and court rules of the jurisdiction will also benefit you.
Duties and responsibilities of a truck accident lawyer
Although each caseโs facts and circumstances differ, a lawyer has many tasks and responsibilities. Typically, your lawyer willย claim or fileย a lawsuit to compensate you for your injuries and losses. It is essential to do this early because all claims must be filed within aย limited time after the accident.
The timeframe for filing a lawsuit varies by state and is referred to as theย Statute of Limitations. To build a strong case, they will gather evidence, interview witnesses, and investigate potential liability.
The truck accident lawyer will determine the probable cause of the crash
One of the most important functions of a truck accident attorney is to investigate and look for proof of what caused the accident to determine possibleย liable parties. Many truck accidents are due to such things as:
- Improper lookout
- Out-of-service vehicles
- Driver error
- Blind spots
- Negligent hiring
- Driver fatigue
- Failure to yield
- Speeding
The 18-wheeler attorney will investigate the case
Investigation of the truck driver and trucking companyย is mandatory for serious injury orย wrongful deathย claims.
For instance, looking into the driverโs qualifications is only one avenue ofย investigation.
There are many requirements for driving aย commercial vehicle. Drivers must:
- Have a valid commercial driverโs license
- Have passed the required driving test
- Be at least 21 years old
- Read and speak English
- Be able to operate a vehicle safely.
- Be able to load and secure cargo properly
- Be in good health
- Possess a valid medical certificate
Trucking companies must keep aย driver qualification fileย (DFQ)ย for each employed driver. This file contains a wealth of information and can form the basis for a truck accident investigation, such as:
- Driving records, including accident history for both the driver and the truck
- The driverโs employment history
- Road test results
- Drug and alcohol test results
- Records of hours of service
- Training certificates
- Vehicle maintenance records
- Copies of licenses
- Records of annual reviews
- Any medical certifications
- Employment applications
- Personnel records
Thisย information tells the truck accidentย attorney whether your driver met all the requirements to drive a commercial vehicle. If theย trucking company resists surrendering the DQF file, your lawyer may have to file a subpoena to obtain the document.
Your attorney will investigate many pieces of evidence, including information recorded by theย truckโs black box, such as speed or sudden braking, and will gather GPS information to confirm the truckโs location.
Preparing and filing injury claim paperwork
Keeping track of the paperwork involved in a truck accident would overwhelm the average person. Knowing what paperwork is necessary and how, when, and where to file these documents. There are strict filing deadlines for documents, and failing to meet these deadlines can damage your case. Among their duties, your attorney will file any paperwork insurance companies require.
The attorney will also notify the appropriateย insurance companies of the claim. In addition, they will notify health insurance, Medicare, or Medicaid of the claim.
Preparing and filing the summons and complaint is the first step to filing aย truck accident lawsuit. After filing, they must serve the summons and complaint on theย defendant, officially notifying the defendant of the claim. Sometimes, it is challenging to locate and serve the defendant.
Your attorney must also draft or respond to any pre-trial motions required and file documents with the court listing exhibits and witnesses. Additionally, preparing for trial involves preparing and responding to written discovery documents.
Dealing with the insurance company
There will be at least one insurance company involved in your claim. The lawyer handles all communications with the insurance company, relieving you of significant stress. Your lawyer also reviews each insurance policy to determine coverage and any exclusions.
Some cases, like anย 18-wheeler accident, can involve substantial insuranceย coverage. Finally, your lawyer files any insurance claims and ensures these are handled promptly. Your lawyer can file a bad-faith insurance lawsuit if the insurance company stalls or unfairly denies the claim.
Establishing damages
Proof that someone harmed you is just the start. To obtain appropriate compensation, you must also prove your damages. It is not as easy as it sounds because every situation is different. Therefore, the amount of money to compensate you for the harm differs. For example, damages in a truck accident case may include:
Your big rig crash lawyer will negotiate on your behalf
When truck accident victims assess their damages, they often focus only on the immediate effects of their injuries rather than the long-term consequences. Your lawyer can evaluate and establish your damages and negotiateย vigorously to help you obtain the compensation you deserve.
Representation in court
The 18-wheeler accidentย case mayย proceed to courtย if the parties cannot negotiate a settlement. Yourย lawyer represents you in the trial. They understand the rules of procedure and how to use them for your benefit. They prepare you for the trial and appear on your behalf at court hearings.
There are many parts to a trial, including choosing a jury, questioning witnesses, presenting evidence, and giving a strong opening statement and closing argument. In addition,ย expert witnessesย may testifyย regarding the results of the investigation, as well as your injuries, emotional harm, and financial losses.
Representation in court
Contact aย truck accident lawyer at Baumgartner Law Firmย in Houston for help.
For a FREE Consultation Contact Us Today
"*" indicates required fields
Related Links
Our Experienced Houston Personal Injury Lawyer Can Help!
Legal Services
Contact the Auto Accident Lawyer
at Baumgartner Law Firm for Help!
Contact the Houston Truck Accident law firm for help with a personal injury claim.
OR
Fill out an online consultation request for a FREE consultation.
About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads theย Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our 18-wheeler legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
ย
"*" indicates required fields