If you were injured in a truck accident in Texas, your legal options will depend on your situation, including:
- Who was involved
- How much your damages cost
- Whether the other party has insurance
- Who caused the accident
Generally, you can file an insurance claim with the at-fault driver’s insurer to recover the cost of your losses. The exact details will depend on the liable policy.
If the insurance company refuses to pay for your damages, then you have the option of filing a lawsuit in civil court. You would typically have two years from the date of your collision to file, per Texas Civil Practice and Remedies Code § 16.003.
You Could File an Insurance Claim With the Other Party’s Policy
Before filing a lawsuit, you might be able to resolve your case by filing an insurance claim. The Texas Department of Insurance (TDI) says that all motorists must show proof that they can pay for a collision. Many trucking companies do this by purchasing liability insurance plans.
However, the claims process is not without its difficulties. The following scenarios could prevent you from getting the money you need:
- The insurer denies or lowballs your claim.
- The insurer puts fault for the accident on you.
- The insurer tries to pressure you.
- The insurer refuses to answer your calls.
When you work with a lawyer from our firm, we can deal with the insurance company and their representatives for you. If we cannot get compensation through negotiating, then we will file a lawsuit.
You Could File a Claim With Your Own Insurer
Depending on the details of your insurance coverage, you could file a claim with your own provider. However, this is not an option for everyone – especially if you only opted for liability coverage.
If you selected collision coverage, you are entitled to recoup your losses from your own insurance carrier—no matter who was at fault for the accident.
You Could File a Civil Lawsuit
Filing a lawsuit after a truck accident in Texas is usually not necessary. In most cases, injured claimants are able to resolve their cases through the negotiation process.
Our law firm can take care of your court case. We can do this by:
- Handling your case’s paperwork
- Taking depositions from witnesses
- Cross-examining contradictory pieces of testimony
- Demonstrating the cause of your accident
- Consulting accident reconstruction specialists, police officers, and doctors
- Arguing your case
- Communicating with the defendant and their lawyer
Trucking companies have teams of lawyers that are ready to protect their interests.
However, you do not have to worry about going up against a million-dollar trucking company with our team on your side. We will do everything in our power to secure money for your damages.
Who Can I Sue in My Truck Accident Lawsuit?
You could name multiple defendants in your lawsuit because there could have been multiple parties involved in your accident. Some of these parties may include:
- The truck driver. The trucker could have been at fault for causing the crash. When this occurs, you have the right to file a lawsuit directly against them.
- The trucking company. It is possible to pursue a lawsuit against the trucker’s employer, as well. This is because of a legal principle known as “respondeat superior.” Under this principle, an employer is responsible for their employee’s negligence if it occurred within the scope of their employment.
- The truck’s manufacturer. Some trucking accidents only occur due to defective vehicles. If the commercial truck or one of its parts was defective, you could pursue legal action against the manufacturer.
- Government entities. Some truck accidents happen due to poor road conditions. Examples could include missing stop signs, poor road design, or crumbling pavement. You could pursue a lawsuit against the government entity responsible for the roadway if these factors caused your accident.
Get in Touch With Loncar Lyon Jenkins to Learn More About Your Legal Options
If you were injured in a truck accident in Texas and are unsure of your legal options, Loncar Lyon Jenkins could help you. Our team can review your situation and explain what measures could recover compensation for your expenses.
We also work on a contingency-fee basis, so we will not charge you anything upfront for our assistance. Instead, we deduct our payment out of your final settlement. If we don’t win any compensation for you, then you don’t owe us anything.
During a free initial consultation with a team member, you can learn about the value of your case and what your options might be. Feel free to ask us any questions that you may have about your situation and how we can help. Call us today at (877) 239-4878 to get started.
