Semi-truck accidents are some of the worst crashes on U.S. roadways, and they often cause severe injuries and significant property damage. Unlike most car accidents, these cases are complicated because multiple parties could be responsible. This blog aims to give victims the power to understand their legal options and walk them through a clear path forward after such horrible accident.
Understanding Legal Options for Semi-Truck Accident Victims
Liability in semi-truck accidents is not as cut and dry as in car accidents. Liability is a legal concept that establishes who is to blame for the damages. Depending on the circumstances of the crash, the burden might be divided among different parties.
If negligence, such as distracted driving, fatigue, or operating under the influence, was a factor in the accident, the truck driver may be at fault. But the trucking company could also be liable. They are legally required to enforce safety protocols, adequately train their drivers, and comply with federal regulations. If they fail in these duties, they are complicit.
Liability does not end with the driver and the company. Maintenance firms responsible for vehicle upkeep may be liable if the neglect leads to mechanical failures. Likewise, manufacturers could be sued for selling defective parts such as brakes or tires. Even cargo loaders might be liable if improperly secured or overloaded freight had been involved. Establishing liability in these cases often requires investigation, expert testimony, and a thorough review of evidence.
Legal Options Available to Victims
Filing an Insurance Claim
The first step after a semi-truck accident is usually filing your insurance claim. You may file a first-party claim with your insurer for immediate compensation or a third-party claim with the trucking company’s insurer.
This is the latter, which can be difficult as trucking insurers are notorious for trying to minimize payouts. Having someone who knows what they are doing on your side can help them with their tactics and make sure your damages are correctly calculated.
Pursuing a Personal Injury Lawsuit
A personal injury lawsuit may be your best bet if an insurance claim doesn’t cover all your losses. Suppose you are injured in a Houston 18-wheeler accident. In that case, a top Houston 18-wheeler accident lawyer can help you through this process to claim damages for medical expenses, lost wages, and pain and suffering.
Under a comparative negligence standard like Texas, the more you were at fault, the less you can expect compensation. An experienced attorney can help you through these complexities to get as much of a settlement as possible.
Product Liability Lawsuits
Victims who are hurt in accidents caused by defective truck components can sue the manufacturers for product liability. These can lead to catastrophic failure, including faulty brakes, steering mechanisms, or tires. Often, these claims rely on showing that the defect existed when the product left the manufacturer and that the defect caused the accident.
Claims Against Multiple Defendants
Semi-truck accident cases become so complicated because they often involve multiple liable parties. Establishing liability requires piecing together evidence from various sources (maintenance logs, driver records, and accident reconstructions). An attorney experienced in multi-defendant cases can develop a comprehensive strategy to hold everyone accountable.
The aftermath of a semi-truck accident can seem overwhelming, but you don’t have to do it alone. Knowing your legal options, including filing insurance claims and lawsuits, can make a huge difference in your recovery. If you don’t act quickly, time is essential, so seek a seasoned attorney to help you every step of the way. Contact our team today for a confidential consultation to help you get personalized assistance.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
(281) 587-1111
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