If you have been injured in a truck accident, you may be entitled to compensation for your injuries and damages. However, filing a lawsuit against a truck driver and his company can require full compensation from the insurance companies. Get the best Houston truck accident lawyer you can for help.
If you have lost a family member you can bring a wrongful death case against the truck driver and trucking company.
Because truck drivers and trucking companies must have commercial liability insurance policies, the money in a truck accident lawsuit can be substantial. Rarely do insurance carriers pay full value without being pressed to do so. That is where getting an expert truck accident lawyer right away can help the process.
Can I Sue for Being Hit by a Semi-Truck?
If you have been injured in a truck accident, you may be entitled to compensation for your injuries and damages—the most crucial aspect to consider after an accident is determining fault. If someone else is at fault for the accident, you can bring a claim against the responsible party/parties. Truck accident claims can be complex, as multiple parties could be held liable for the accident. While the truck driver’s negligence may be the direct cause of the accident, other contributing factors should also be considered. It is crucial to thoroughly investigate the accident’s circumstances to identify all potential liable parties.
Victims and their families often face significant losses in the aftermath of a truck accident. Seeking compensation through a claim against the commercial driver and other responsible parties can help alleviate some of the financial burdens. It is essential to recognize that truck drivers and trucking companies must have commercial liability insurance policies. These insurance policies can provide substantial financial resources to cover damages and injuries resulting from the accident.
However, it is important to note that insurance carriers may not readily offer full compensation without being pressed. This is where the expertise of a truck accident lawyer becomes invaluable. By hiring a skilled and experienced lawyer, you can navigate the complex legal process and ensure you receive the compensation you deserve. If retained soon after the crash, a skilled truck accident attorney can survey the accident scene and begin building your case.
Therefore, if a big rig has hit you, it is crucial to act promptly. Seeking legal assistance from a reputable Houston truck accident lawyer can help you understand your rights, determine fault, and pursue a claim against the responsible parties.
Remember, the sooner you take action, the better your chances are of obtaining the full compensation you are entitled to for your injuries and damages.
Our Top-Rated Attorneys Will Deal with the Insurance Companies
Truck accidents are different from car accidents for many reasons. First, commercial vehicles involve commercial liability policies that insurance companies will fight tooth and nail to protect their money. Also, the injuries from an accident with a semi-truck tend to be more serious, given the sheer size of the vehicles.
Multiple parties or insurance carriers are often involved in a trucking accident lawsuit. In Texas, trucking companies and their lawyers try to blame anyone they can, including the plaintiff. If they successfully blame another party, they reduce the money they must pay in the truck crash lawsuit.
The truck accident attorneys at Baumgartner Law Firm have been helping truck accident victims for over 35 years and are undefeated in truck accident lawsuits. We will investigate your 18-wheeler accident and determine who we believe is responsible for the crash.
How Long Do I Have to Sue After a Truck Accident?
In Texas, there is a specific time frame within which claims for personal injury and wrongful death must be formally initiated by filing a lawsuit. This time limit is typically set at two years. However, it’s important to note that this 2-year period might not provide much leeway, especially when victims and their families are focused on recovering from injuries and rebuilding their lives.
If you or a loved one has been involved in a truck accident, it is crucial to take prompt action and contact an attorney as soon as possible. By seeking legal counsel, you can ensure you don’t miss any deadlines to file a lawsuit. Additionally, having a lawyer on your side can be immensely beneficial in building a strong case and navigating the legal complexities associated with truck accident claims. Remember, time is of the essence, so don’t delay contacting an attorney to protect your rights and seek the compensation you deserve.
When to hire a truck accident lawyer? Right away! The sooner you hire us to represent you with your injury or wrongful death case, the better chance we have of securing important evidence to prove your case.
After completing our investigation, we can negotiate with the insurance companies to see if we can settle your case for full value without filing a lawsuit.
We Will File Your Truck Accident Lawsuit if We Cannot Settle Your Case for Maximum Compensation.
Most truck accident cases do not settle pre-litigation because of the money involved. The company looks for any way to delay paying the claim or shift the fault to another.
Here are some key factors in Houston truck accident lawsuits.
Also, many “settlement lawyers” never intend to hold the insurance companies’ feet to the fire for full compensation. When your damages are significant, getting an accomplished trial lawyer for your truck accident case is necessary. At Baumgartner Law Firm, we have a proven record in suing truck drivers.
Filing a Lawsuit
Once you have hired Baumgartner Law Firm, we will begin filing a lawsuit against the truck driver if your case is not settled. This typically involves drafting a plaintiff’s petition, which outlines the details of the accident, liability, and the damages you have suffered. The petition will then be filed with the court and served on the truck driver and his company.
Discovery Process
After the lawsuit has been filed, the discovery process begins. This is where both parties exchange information and evidence related to the case. Your trucking lawsuit attorney will work to gather evidence to support your case, such as medical records, witness statements, and expert testimony.
One big part of our approach to truck accident lawsuits is discovering violations of the federal regulations that apply to truck drivers and trucking companies.
Settlement Negotiations
In many cases, the truck driver’s insurance company will try to settle the case before it goes to trial. Your attorney will negotiate with the insurance company to ensure you receive a fair settlement. The case will proceed to trial if a settlement cannot be reached.
Mediation
Courts in Houston and across Texas require the parties to attend mediation before trial. Most courts order mediation to reduce the judge’s caseload. Mediation is often successful in resolving the case before trial.
When the case gets to mediation, discovery should be substantially complete, and a trial date imminent. Both factors tend to sharpen the focus of the insurance adjuster when talking about the value of damages for a victim.
Trial
If your case goes to trial in Harris County, your truck attorney will present your case to a judge and jury. We will use the evidence gathered during the discovery process to prove the truck driver’s negligence and the damages you suffered from the accident.
The judge or jury will then determine the case’s outcome and the compensation you will receive.
Who Can Be Held Liable in A Truck Accident Lawsuit?
The causes of truck accidents vary. Multiple parties may be held liable for the accident when suing a truck driver. These can include:
- The truck driver
- The trucking company.
- The truck or trailer manufacturer
- The company that was responsible for loading the cargo.
- The maintenance company for the truck.
Your attorney will investigate the accident and determine all parties that may be held liable for your injuries and damages.
What Compensation Can You Receive If I Sue the Truck Driver?
If you have been injured in a truck accident, you may be entitled to compensation for your injuries and damages—the most crucial aspect to consider after an accident is determining fault. If someone else is at fault for the accident, you can bring a claim against the responsible party/parties.
Truck accident claims can be complex, as multiple parties could be liable for the accident. While the truck driver’s negligence may directly cause the accident, other contributing factors should also be considered. It is crucial to thoroughly investigate the accident’s circumstances to identify all potential liable parties.
Victims and their families often face significant losses in the aftermath of a truck accident. Seeking compensation through a claim against the commercial driver and other responsible parties can help alleviate some of the financial burdens. Building your case is vital. It is essential to recognize that truck drivers and trucking companies must have commercial liability insurance policies. These insurance policies can provide substantial financial resources to cover damages and injuries resulting from the accident.
However, it is important to note that insurance carriers may not readily offer full compensation without being pressed. This is where the expertise of a truck accident lawyer becomes invaluable. By hiring a skilled and experienced lawyer, you can get through the complex legal process and ensure you receive the compensation you deserve.
Therefore, if a semi-truck has hit you, it is crucial to act promptly. Seeking legal assistance from a reputable Houston truck accident lawyer can help you understand your rights, determine fault, and pursue a claim against the responsible parties. Remember, the sooner you take action, the better your chances are of obtaining the full compensation you are entitled to for your injuries and damages.
If you are successful in your lawsuit against a truck driver and others, you may be entitled to compensation for the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future medical expenses
- Future lost wages
- Loss of earning capacity
- Emotional distress or mental anguish
The amount of compensation you receive will depend on the severity of your injuries and the impact they have had on your life.
Why are Damages With Big Trucks Usually Higher than in other Accidents?
Damages in truck accidents involving 18-wheeler tractor-trailers tend to be higher than in other accidents due to the extensive nature of the injuries caused by these collisions. The sheer size and weight disparity between loaded semi-trucks, which can weigh over 80,000 pounds, and passenger vehicles, which typically weigh around 3,000 pounds, plays a part in the severity of the damages. The significant difference in size and weight increases the likelihood of catastrophic or fatal injuries.
Commercial trucking operators must carry insurance with higher liability limits to account for the heightened risk associated with these accidents. Larger policies mean more insurance money is often available to settle truck accident lawsuits. By enlisting the services of qualified and competent lawyers specializing in truck accidents, such as a Houston truck accident attorney at Baumgartner Law Firm., victims are more likely to receive the full compensation available for their injuries and losses.
Therefore, seeking legal assistance from professionals familiar with the complexities of truck accident cases becomes essential in securing sufficient financial reparation.
Can Motor Carriers Escape Liability for Truck Accident Lawsuits?
Liability for Drivers
Trucking companies often attempt to avoid liability in truck accident cases by creating perceived distances between themselves and various elements involved, such as the driver, the vehicle, or other equipment. One method is leasing or renting equipment, tractors, and trailers from an “owner/operator” rather than owning them directly. Additionally, instead of employing drivers, trucking companies may hire them as independent contractors.
In the past, trucking companies would argue that they were not responsible for driver error or equipment maintenance because the drivers were not employees and did not directly own the equipment. However, federal laws rendered this line of defense invalid.
Federal regulations clarify that a trucking company is liable for all accidents involving a truck that displays its name, regardless of the driver’s employment status. The regulations mean that if a truck bears the name of a trucking company, it assumes legal responsibility for any accidents that occur while the truck is in operation.
Therefore, while trucking companies may attempt to distance themselves from liability by leasing equipment and hiring independent contractors, federal laws ensure that the company is held accountable for any accidents involving their named trucks.
Blame Shifting
Trucking companies and truck drivers always seek to avoid responsibility if they have any potential avenue.
Typically, the insurance defense lawyers will try to blame you or some other party. By pointing the finger at others, the insurance company seeks to avoid paying full compensation for injuries caused by the crash.
Getting an experienced 18-wheeler accident lawyer with trial skills is the best way to protect your rights after an accident with a big rig.
At Baumgartner Law Firm, We Also Focus on these Practice Areas
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you. The practice areas we focus on are the following:
· Auto & Car Accidents
· Catastrophic and Severe Injuries
· Construction Site Accidents
· Daycare Negligence & Child Injury
· Dram Shop Lawsuits
· Drunk Driving Accidents
· Lyft Accidents
· Motorcycle Accidents
· Personal Injury
· Truck Accidents
· Uber Accidents
· Work Injury
· Wrongful Death
Get Help from a Preeminent Rated Truck Accident Lawyer at Baumgartner Law Firm.
Baumgartner Law Firm has represented truck accident victims in Texas for over 35 years and is undefeated in truck accident lawsuits. Our law firm is known by the insurance companies for truck drivers and trucking companies.
Many defense lawyers we have faced over the years refer friends and family members to us after an injury truck accident.
Call Baumgartner Law Firm today for a free consultation.
(281) 587-1111
6711 Cypress Creek Pkwy, Houston, TX, 77069
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What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
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Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
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We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
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