Operating an 18-wheeler filled with cargo is highly regulated and potentially dangerous. Drivers must have special licenses and adhere to strict rules detailing their allotted driving hours and other details. This is done to keep everyone safe: the drivers, the cargo, and fellow passengers on the road.
Truck accidents can be catastrophic, especially when negligence is involved, similar to any auto accident. If you have fallen victim to a truck accident due to the driver or another reckless party, you are owed compensation for your damages. To ensure you get the results you deserve, your best course of action is to hire a dedicated and knowledgeable attorney to help prove fault and the role it played in your injuries. This is done by establishing negligence and the direct connection it has to your accident.
Understanding Texas Fault and Liability Laws
Texas is an at-fault state, meaning that the driver who caused the accident is liable for the resulting damages. This legal framework is crucial for building a strong case and recovering fair compensation. In Texas, the at-fault driver’s insurance company is responsible for covering the damages incurred by the injured party. However, if the injured party is found to be partially at fault, their compensation may be reduced proportionally to their degree of fault. Understanding these nuances is essential for navigating the complexities of a Texas car accident claim and ensuring you receive the compensation you deserve.
How to Prove Fault After a Truck Accident
While you focus on resting and healing from your truck accident injuries, your attorney can help begin an immediate investigation into your accident’s circumstances. Truck accident cases, like car accident cases, involve complex legal challenges and require thorough investigation to establish fault. This is primarily done to begin establishing an at-fault party, which can be executed through the three following steps:
Gather Evidence, Including Police Report
To demonstrate negligence, you must collect and assess any potentially relevant evidence. For truck accident victims, this can include photographs or video footage from your phone at the accident scene. Do not worry if you were unable to do this because of safety concerns or any sustained injuries, as your attorney can help gather the time-sensitive information for you.
They will work quickly to collect eyewitness testimony, traffic camera footage, police reports, and even detailed medical records to begin determining fault.
Demonstrate Negligence Has Occurred
Using the collected evidence, your attorney will able to fully demonstrate that:
- You were owed a standard of care
- That care was breached
- The breach resulted in a truck accident
- The truck accident resulted in your damages
These are known as the four components of negligence and are used as a tool to prove fault in personal injury claims. These components are essential in establishing car accident fault and proving liability in legal proceedings. Texas currently follows a modified comparative negligence law, which means negligence can be shared by more than one party.
For example, if you are found to have partially contributed to the factors leading up to the accident, you may be found a percentage amount liable for the accident and your damages. As long as you are not deemed more than 50% responsible, you may still recover damages.
File a Claim for Damages with the Insurance Company
After identifying the liable party, you are entitled to file a claim with their insurance for damages. Your car accident lawyer will handle this aspect for you and ensure your claim is filed within the two-year statute of limitations deadline. Your attorney will handle this aspect for you and ensure your claim is filed within the two-year statute of limitations deadline. A personal injury claim should thoroughly detail the exact cost of your losses, including future expenses.
From here, negotiations will be made with the insurance company to identify a settlement offer both parties are comfortable with. If an agreement cannot be reached, our team is prepared to bring your case to court and fight for the financial justice and compensation you need to move forward.
Elements of Negligence in a Truck Accident Case
To prove fault in a truck accident case, you must establish the four elements of negligence:
- Duty of care: The truck driver had a legal obligation to operate the vehicle safely and adhere to traffic laws.
- Breach of duty: The truck driver failed to fulfill this duty, leading to unsafe driving practices or violations of traffic regulations.
- Causation: The breach of duty directly caused the accident and the resulting injuries.
- Damages: The injured party suffered actual harm or losses, such as medical bills, property damage, and lost wages, due to the accident.
Proving these elements is essential for establishing fault and securing compensation in a truck accident case.
The Role of a Car Accident Attorney in Proving Fault
A car accident attorney plays a crucial role in proving fault in a car accident case. An experienced attorney can:
- Investigate the accident scene: Gather evidence, interview witnesses, and take photos and videos of the scene to build a strong case.
- Review police reports: Analyze the police report to identify any errors or inconsistencies that could impact the case.
- Interview witnesses: Speak with witnesses to gather additional information and testimony that supports your claim.
- Consult with experts: Hire experts, such as accident reconstructionists, to provide testimony and analysis that can clarify the events leading to the accident.
- Negotiate with insurance companies: Advocate for your rights and interests, ensuring that you receive fair compensation for your injuries and damages.
By leveraging their expertise, a car accident attorney can significantly enhance your chances of proving fault and securing the compensation you need.
Dealing with Insurance Companies After a Truck Accident
Dealing with insurance companies after a truck accident can be challenging. Insurance companies may try to:
- Deny liability: Claim that their insured was not at fault for the accident, complicating the claims process.
- Offer low settlements: Provide inadequate compensation that does not fully cover your damages and injuries.
- Request unnecessary information: Ask for excessive documentation or information to delay the claims process and frustrate claimants.
An experienced car accident attorney can help you navigate these challenges, ensuring that you receive fair compensation. They will handle communications with the insurance companies, advocate on your behalf, and work to secure a settlement that reflects the true extent of your losses.
Injured in a Truck Accident? Our Personal Injury Attorney Team Can Help Today
Nobody should have to suffer at the hands of a negligent driver. Truck accident injuries, like car accident injuries, can result in months of hospital visits, missed work opportunities, and even longer periods of recovery.
When you partner with Byrd Davis Alden & Henrichson, LLP, you are giving yourself access to a people-first approach to personal injury. Our firm, which is one of the oldest and most reputable in Austin, will be there by your side to answer any questions you may have throughout the entire process, from the initial case evaluation to the final settlement agreement.
To see how we can best help you today, please schedule a free consultation by calling (512) 454-3751 or using our contact form.
