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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Truck Accident in Texas [Detailed Guide]

In Texas, where highways are bustling with commercial trucks, motor vehicle accidents are all too common. Truck crashes can be terrifying and life-altering events. When a mammoth vehicle collides with a smaller one, the consequences can be devastating.

From severe injuries to emotional trauma, victims of truck accidents usually find themselves facing a long road to recovery. However, there is a silver lining to this situation.

Victims or their family members can file a personal injury claim with the help of an experienced truck accident attorney. They can also advise on how to file a lawsuit for car accident in Texas.

In this event, the other driver's insurance company will pay out compensation that the plaintiff can use to address financial losses and their pain and suffering.

This guide will help victims understand the steps to filing a truck accident lawsuit during a confusing and overwhelming time.

Initiating a Truck Accident Claim in Dallas, TX

Initiating a Truck Accident Claim in Dallas, TX

Truck accident cases can shake the very foundation of a person's life. They often leave behind a trail of devastation, both physical and emotional. Victims must know how to file a truck accident claim to seek justice and fair settlement for their losses. For more information, Dallas semi truck accident lawyers may be able to help.

Step 1: Medical Attention

The main priority after a truck crash is always the injured driver's health and well-being. Even if victims believe their injuries are minor, seeking medical attention is imperative.

This ensures they receive proper care and creates a documented record of their injuries, which can be vital for the personal injury lawsuit later on.

Step 2: Thorough Investigation

Once their health is stable, it's time to gather evidence from the Texas truck accident scene. This includes taking photographs, gathering witness statements, and collecting relevant information. A thorough investigation helps establish the facts surrounding the trucking accident.

Step 3: Compensation Claim

With crucial evidence in hand, plaintiffs can now initiate a compensation claim against the liable parties, which may include the truck driver, the trucking company, or other entities. This claim outlines the victim's damages, such as medical bills, lost wages, and pain and suffering.

Working with a team of Texas truck accident attorneys can help ensure the claim is comprehensive and accurately reflects all losses.

Step 4: Settlement Negotiations

In many cases, lawyers resolve truck accident claims through settlement negotiations with the insurance company representing the at-fault party.

During this stage, the plaintiff's attorney will advocate for a fair settlement that adequately compensates the client for all damages.

However, trucking companies and their representing insurance adjusters may not always cooperate. Arguments and differences in opinions can complicate the Texas truck accident lawsuit.

Fortunately, a skilled and experienced lawyer specializing in personal injury cases can work to expose the other truck driver's negligence against surrounding passenger vehicles. They can also provide insight on how to file a lawsuit for motorcycle accident in Texas.

Step 5: Legal Action

If settlement negotiations are unsuccessful or the insurance company refuses to offer a reasonable payment, the next step is to take legal action by filing a lawsuit.

This involves initiating formal legal proceedings against the responsible parties and presenting the trucking accident lawsuit in court.

While litigation can be a lengthy and complex process, achieving justice and fair compensation is always necessary.

Only a qualified Texas truck accident attorney can help victims secure reimbursement for their truck accident injuries and medical expenses.

Common Causes of Truck Accidents

While trucking accidents can happen for various reasons, knowing the common causes can help raise awareness and promote safer practices on the road.

  • Driver Fatigue 

One of the most dominant causes of truck crashes is driver fatigue. Truck drivers often work long hours, facing tight deadlines and demanding schedules.

As a result, many drivers push themselves beyond their limits, sacrificing sleep and rest in pursuit of meeting delivery deadlines. However, fatigue impairs judgment, slows reaction times, and increases the risk of accidents on the road.

Addressing driver fatigue needs a collective effort from trucking companies, regulators, and drivers to prioritize safety over productivity.

  • Inexperience 

On the other hand, inexperienced truck drivers are another noteworthy factor contributing to truck accidents.

Operating a large commercial vehicle demands specialized skills and training, yet some drivers may lack sufficient experience behind the wheel.

Without proper training, inexperienced drivers may struggle to navigate challenging road conditions, handle unexpected situations, or respond to emergencies effectively.

  • Excessive Speeding 

Driving too fast is a dangerous behavior that increases the likelihood of accidents, and truck drivers are not exempt from this risk.

In their quest to meet delivery deadlines, a truck driver may resort to excessive speeding, disregarding posted speed limits and putting themselves and others at risk.

High speeds reduce a driver's ability to react to hazards, increase stopping distances, and amplify the severity of collisions.

  •  Poor Maintenance 

Truck maintenance plays a big role in preventing accidents and ensuring vehicle safety. However, when neglected or overlooked, maintenance can lead to catastrophic consequences.

Issues such as brake failure, tire blowouts, and mechanical malfunctions can all contribute to fatal crashes.

  • Improper Loading 

How cargo is loaded and secured can also impact the safety of commercial vehicles on the road. Improper loading practices, such as uneven weight distribution, overloading, or inadequate securing, can destabilize a truck and increase the risk of accidents.

Cargo shifts during transit can affect the vehicle's handling and stability, leading to loss of control and potential rollover accidents.

Statute of Limitations for Suing the At-fault Truck Driver

When seeking legal recourse for damages resulting from a truck crash, time is of the essence. The statute of limitations for filing truck accident lawsuits is two years from the incident date.

Victims who want to initiate a personal injury case against the trucking company must hire a Texas truck accident lawyer.

Accident reconstructionists can also help attorneys prove what transpired on the road when the accident happened.

Truck Accident Victims Must Prove Four Elements in a Truck Accident Case

Truck Accident Victims Must Prove Four Elements in a Truck Accident Case

Plaintiffs face considerable challenges in proving their personal injury claims and obtaining the compensation they deserve. However, with the help of a truck accident lawyer, the victim can build a solid legal argument against the at-fault trucking company by proving these four elements in a lawsuit:

  • Duty of care

  • Breach of duty

  • Causation 

  • Damages 

An experienced attorney can prove the collision caused stress and serious injury to those involved in the auto accident.

Final Words

From prioritizing medical attention to consulting with qualified lawyers for legal action, each step is critical in building a strong case and securing rightful compensation.

Luckily, the professionals at Schuerger Shunnarah Trial Attorneys know how to navigate such tricky waters.

Stating, "We Go to War for You," its lawyers will advocate for justice and support those affected by truck or car accident cases.


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