How to Sue a Truck Driver
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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 be required to get full compensation from the insurance companies. Get the best Houston truck accident lawyer you can for help.
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.
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 pin the blame on anyone they can, including the plaintiff. If they successfully blame another party, it reduces 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 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.
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.
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.
Courts in Houston and across Texas require the parties to attend a mediation before trial. Mediation is ordered by most courts to cut down the caseloads for the judge. 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.
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 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.
In the aftermath of a truck accident, victims and their families often face significant losses. 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 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.
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.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Do you make house calls or hospital visits?
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.
Do I have to pay money out of my pocket to hire you?
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.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
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.
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
Houston Personal Injury Victim
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