According to the latest statistics, more than 2,850 people are gravely injured in truck accidents in Houston each year. Moreover, around 640 people die in truck accidents in the city annually.
Unfortunately, these numbers are increasing, making Houston one of the most dangerous cities for car drivers, passengers, and pedestrians.
You should contact a Houston truck accident attorney if you are involved in a truck accident. An experienced lawyer can assist you in claiming compensation if you had no part in the accident. They can also advise you of your options if you were partly at fault for the accident.
Determining Fault After a Truck Accident
Determining fault after the accident is crucial. Texas follows a comparative negligence law. This means each party involved in the accident will get their compensation reduced by the percentage of fault they bear. Remember that if you are 51% or more at fault for an accident in Houston, you cannot recover any damages.
So, for instance, if you are 30% to blame for the accident, your compensation will be reduced by that percentage. This law is precisely why you should hire a lawyer to help prove you were not at fault for the accident.
It may be easier to determine fault if one of the following scenarios apply to your case:
- The truck driver violated a traffic law: If the truck driver ran a red light or drove too fast, causing an accident, they will likely be deemed solely at fault for the accident.
- The truck driver was under the influence: If the truck driver were under the influence, they would also be 100% at fault.
- The truck malfunctioned: If the truck suffers a mechanical failure, maintenance records and inspections will take center stage.
If an investigation reveals that the truck was not properly maintained or the driver was forced to exceed working hours without a break, the trucking company could be to blame for the accident.
Filing a Claim After a Truck Accident
You must prove you were not at fault if you were injured in a truck accident. This means proving the truck driver’s or trucking company’s negligent actions caused your injuries.
You must get a copy of the official accident report. This report will offer details about the accident and may include witness statements. Take photos or videos of the scene and the damage to your vehicle. If you were on foot, document your injuries and take photos of the surrounding area.
It is crucial to save all medical bills and doctor’s reports relating to your injury. That said, the first thing you should do after a truck accident is get medical treatment at an emergency room or from your doctor.
Your medical records will link your injuries to the accident, which is why you need to present these as part of your evidence.
Types of Compensation You Can Claim After a Truck Accident
There are several types of compensation you can claim after an accident. These include compensation for medical expenses. Your medical bills will typically pile up while your personal injury case is ongoing. You will likely have to pay for treatment, follow-up visits, and medication.
Furthermore, if you cannot work for a while, you could claim lost income. If your injuries leave you temporarily disabled, it will impact your future earning capacity. You can also claim compensation in this instance.
If your car was damaged in the accident, you could claim compensation for repairing or replacing it.
In certain circumstances, you may be able to claim pain and suffering if the accident causes you extreme emotional distress or mental anguish.
Filing a Claim After a Truck Accident
The claims process starts with seeking medical attention. Doing this will give you the proof that the accident caused your injuries.
You must inform your insurance company of the accident as soon as possible. You can also get your lawyer to speak to the insurance company. This will prevent you from saying anything the insurance provider can use against you when you claim.
You should let your lawyer handle all official communication on your behalf. The lawyer can also deal with the insurance adjuster and negotiate with the insurance companies involved.
According to Texas law, you must file a claim two years from the accident date (statute of limitations). Considering that personal injury claims can drag on, it is best to contact a lawyer to assist you as soon as possible.
Regain Control Of Your Life After a Truck Accident
Being involved in a truck accident or vehicular crash can be an overwhelming experience. You may have a long road to recovery and be unable to work for weeks or months. This is why it is crucial to get legal representation to assist you with the personal injury claim process and get you the compensation you deserve.
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