Dealing with the aftermath of a truck accident can involve a lot of moving parts. You might not feel comfortable pursuing compensation for your accident-related losses on your own. Fortunately, you can retain a Denton truck accident lawyer with our firm to guide you throughout your legal case.
Hiring a lawyer from Underwood Law Office can put your time back in your hands. Sometimes, filing a claim or lawsuit can feel like a full-time job. Count on the legal representation at Underwood Law Office to accomplish the necessary steps on your behalf when you seek damages.
You Could Be Eligible to Recover Many Different Types of Damages
Accidents can affect your entire way of life, from how you are able to move around in your body to the kind of job you can do. Fortunately, you could receive some level of financial damages to make up for the losses you are suffering from.
These can include:
- Loss of wages and potential earnings
- Medical costs, such as surgery or physical therapy
- Psychological therapy to help you cope with the trauma of the accident
- In-home care, such as a house cleaner or childcare
- Property damage, if you need to repair your vehicle after the accident
If you lost a loved one, money is not comparable to your pain. However, there are many financial burdens that come with this circumstance. For instance, funeral and burial costs, your family member’s medical bills prior to their passing, and any lost income you will no longer benefit from because of your loss.
You could be entitled to compensation that covers these damages, as well. Speak with your lawyer to learn more about your options.
How to Determine and Prove Liability
Saying that the other driver owes you damages and successfully recovering those damages will necessitate certain tasks.
These tasks include filing a claim with the insurance company, searching for evidence, laying out the cause of the accident, and convincing the insurance company of liability. All this has to occur before you even negotiate for a fair settlement.
Filing Your Claim
When you are affected by a Denton truck accident, your first concern after getting medical treatment should be filing an insurance claim. You might not know if you should file the claim against your policy, the policy of the other driver, or the policy of the trucking company.
Your lawyer can look at the situation and determine what your next move should be. Once you establish who to seek damages from, you will send that party a demand letter listing all of your damages and the total value of your losses.
Searching for Evidence
Much of the proof required to show liability needs to be sent to the insurance company along with your demand letter, so you and your lawyer will collect this information while filing your claim.
This information can include:
- Photos and videos of your vehicle, the truck, and your injuries
- Eyewitness testimony that backs up your claim
- Medical documents that show how the accident injured you
Negotiating with the Insurance Company
This is the step that can cause accident victims trouble when they attempt to fight for damages alone. Insurers can utilize intimidation tactics in an attempt to get you to accept an unfair settlement that does not cover all your damages.
Some insurance companies might even wrongfully deny your claim in hopes that you would just give up your fight for damages. Your lawyer can fight for you, though. Once you retain a lawyer from our team, you won’t even have to speak to an adjuster on the phone. We can handle it for you.
Keep the Statute of Limitations in Mind When Fighting for Damages in Texas
Texas law imposes a timeline on how long an accident victim has to seek compensation via a lawsuit. If your lawyer cannot secure a settlement through an insurance claim, you might decide to file a lawsuit. However, you have to do so within two years under Texas Civil Practice and Remedies Code §16.003.
If you fail to file within this time frame, you could lose your right to recover damages.
How Your Accident Occurred Will Affect Your Potential for Damages
The specific details relevant to your accident and injuries will decide not only who you can pursue for compensation but how many parties you could pursue. For instance, truck accidents often occur when the truck driver is driving under the scope of their employer and carrying cargo.
This could mean that you could hold the liable driver and employer responsible for any negligence that led to your injuries. However, if you were hit by a private business owner who was on his way to a landscaping job and only had personal auto insurance, the story might be different.
Truck Driver Recklessness
The truck driver might have chosen to violate Hours of Service regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA) that dictate how long they should rest and work. This might have led to drowsiness or speeding.
Alternatively, road rage or aggressive driving that included tailgating or unsafe passing intended to intimidate you might have been utilized by the other driver. These practices are negligent and would entitle you to compensation.
Trucking Company Negligence
Perhaps the trucking company failed to perform proper background checks on their drivers and hired a driver with multiple DWIs. This driver might have decided to drive intoxicated and hit you as a result.
Similarly, the company might have chosen not to inspect their vehicles according to regulations and let the truck fall into disrepair. Any malfunction that occurred while the truck driver was working (which also led to your accident) could make the company liable for your injuries.