Recovering damages after an accident can be a complex legal process. The type of vehicle involved in the accident can make a difference in multiple ways. In a collision with a truck versus a car, injuries can be more serious, the risk of fatality can increase, and there can be multiple at-fault parties. Some things—the filing deadline and the types of damages you can recover—remain the same.
If you or someone you love was injured in a collision with a large truck, a Houston truck accident lawyer can help you understand how a truck accident is different from a regular car accident in Houston. They will help you navigate the personal injury process and recover your medical bills, lost wages, pain and suffering, and more.
Compensation for a Truck Accident in Houston Can Come From Multiple Sources
A commercial truck is a huge piece of machinery that can weigh up to 30 times more than a regular car. The occupants of the passenger car can suffer significant, potentially life-changing, injuries.
The compensation your lawyer will demand will include all the medical, rehab, and therapy costs of recovering from your injuries and related expenses, including:
- Accident-related loss of income
- Impairment and disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
Your lawyer will also request compensation for your property damage, loss, and diminished value. Your legal team will assess your damages and collect evidence that proves their monetary value. Although the types of damages a lawyer can request from a truck accident are similar to those requested in a car accident, the amount requested may be significantly higher based on the severity of your injuries and losses.
A Truck Accident in Houston Poses a Significant Risk of Fatal Injuries
IIHS research indicates an increase in truck accident fatalities in recent years. If your family lost a loved one in a truck accident, you can recover the costs you incur to make their final arrangements. Additional wrongful death damages can include:
- Loss of the decedent’s financial support
- Loss of the decedent’s familial support
- Loss of consortium and companionship
- Loss of guidance and society
Your legal team will explain who can file a wrongful death action on behalf of your family and which family members can recover damages.
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A Truck Accident Lawyer Can Define Negligence and Identify the At-Fault Parties
Many of the Texas laws that affect car and truck accidents are the same for either type of collision. To recover damages after a motor vehicle accident, the injured party must prove the at-fault party was negligent by proving the following elements:
- Duty of care
- Breach of duty
Your attorney will prove negligence and identify all negligent parties. In a car accident, you typically pursue the vehicle owner. In a truck accident, liability could fall to:
- The truck driver
- The cargo loaders
- Truck repair facility
- Truck manufacturer
- The trucking company
- Truck parts manufacturer
Comparative negligence can also affect your truck accident claim. Texas’ proportionate responsibility law allows you to recover damages even if you were partially at fault for the accident. According to Texas Civil Practice and Remedies Code § 33.001, you can request compensation as long as 50 percent or less of the accident’s cause can be attributed to you. Your lawyer can investigate the collision in detail and fight hard for a fair assignation of fault.
The Difference in Evidence for Truck Versus Car Accidents in Houston, Texas
Evidence is a crucial part of your case since it tells the story of the accident, including the sequence of events that led to it. Some evidence in a car or truck accident case can be similar, including:
- Official police report
- Photos of your injuries
- Accident scene photos
- Accident reconstruction
- Lay witness statements
- Expert testimonials
Each type of accident will also require similar evidence that proves the costs you incurred due to the accident, including:
- Medical records and bills
- Written prognosis
- Salary history records
- Your own written statement
- First responder reports
After a truck accident, there can be additional evidence that proves its cause and identifies the at-fault party or parties. It can include:
- Forensic reports on the examination of the truck
- Truck repair and maintenance records
- Black box data, if available
- Truck driver training and hiring records
This evidence, along with the truck driver’s logbook and company dispatch notes could be difficult for you to obtain on your own. Your legal team will obtain them for you and build the strongest possible evidence collection on your behalf.
Truck and Car Accident Lawsuits Generally Have the Same Statute of Limitations
The statute of limitations for your truck accident case is generally two years, according to Texas Civil Practice and Remedies Code § 16.003. The filing deadline starts on the date of the accident. Meeting the filing deadline is mandatory but can be complicated since it can fluctuate.
If it is not met, you could inadvertently forfeit the right to file your lawsuit at all or it will be dismissed without being heard. Either outcome could mean you cannot compel the at-fault party to compensate you. A truck accident lawyer can accurately interpret Texas’ statute of limitations and work to get your case in before the statute of limitations expires.
Truck Accidents Can Mean Dealing With Multiple Insurance Providers
Another key difference between truck accidents and car accidents is the involvement of multiple insurance companies and adjusters. A car accident typically involves the insurer for the vehicle owner. A truck accident can mean dealing with a different insurer for each potentially liable party.
A truck accident attorney serving Houston will identify and take on all insurers on your behalf. While they do, you can focus on getting better.
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Get a No-Cost, No-Obligation Review of Your Houston Truck Accident Case
If you or someone you love was injured in a recent truck accident in Houston, our truck accident attorney will help you obtain compensation. We will explain how a truck accident is different from a regular car accident. We also explain how we deal with one or multiple insurance companies on your behalf.
Learn more about your compensation options by contacting our firm to find out how hard Loncar Lyon Jenkins goes to bat for you.