Mokaram Law Firm

How can an attorney handle truck accident claims in Texas?

Truck accidents are horrible because of their immense size, which leads to fatalities. Because of truck driver negligence, poor maintenance of trucks, or poor road conditions, truck accidents take place that result in lots of damage and loss. If you are the victim of a truck accident, it is essential to look for an experienced lawyer who can begin with the legal process. In such accidents, finding liability is difficult because multiple parties are involved. To provide you assistance in this blog, you’ll learn how can an attorney handle truck accident claims in Texas.

 

Deep Understanding of Texas Trucking Regulations and Laws

 

It is critical for Houston auto accident lawyers involved in truck accident claims cases to understand the Texas laws and regulations concerning trucking. The set of regulations for commercial trucking operation in Texas is strong. Thus, it has a vital role to play when answering liability questions concerning recoveries from truck accidents. Here’s a more detailed explanation of crucial Texas trucking regulations and laws:

 

  • Commercial Driver’s License (CDL) Requirements: In order to be able to drive a commercial vehicle in the state of Texas, one must possess a CDL license, meet certain licensing criteria as well as undergo proper training.
  • Hours of Service (HOS) Regulations: The Federal Motor Carrier Safety Administration (FMCSA) has very stringent mandates regarding the number of hours a truck driver can drive continuously without taking breaks or resting. Noncompliance with HOS rules can cause driver fatigue and result in more dangerous crashes.
  • Vehicle Maintenance Standards: Trucking firms must ensure that their vehicles are properly maintained and conform to safety regulations. The lack of necessary maintenance services may lead to mechanical failures and accidents due to poorly maintained trucks.
  • Weight and Size Limits: Limiting commercial vehicles in Texas by weight and size is to prevent overloading the heavy-loaded trucks with oversized loads that cause accidents.

 

Investigating the Truck Accident

 

To seek the rightful compensation the most important thing that helps you get what you want is strong evidence. The evidence makes a strong case that helps to hold a liable person accountable. You need a thorough investigation to know what happened at the accident scene and who was behind all this. On your behalf, the accident lawyer will investigate your truck accident. 

 

  • Scene Documentation: Truck accident attorneys conduct in-depth, comprehensive investigations of accidents, including scene documentation, collecting evidence like photographs, skid marks and debris, as well as interviewing witnesses.
  • Reviewing Records: Lawyers gather and analyze applicable records such as the truck driver’s logbooks, maintenance documents, and ELD data to assess compliance with regulations for issues that can cause violations.
  • Accident Reconstruction: Under challenging cases, lawyers often collaborate with accident reconstruction experts who help reconstruct the chain of events that culminated in an accident and determine liability.

How can an attorney handle truck accident claims in Texas?

 

Determining Liability

 

After investigating the case, it will be easier to know who is behind all the pain and suffering of the truck accident. 

  • Driver Negligence: Driver negligence like speeding, distracted driving, impaired driving, or failure to yield often leads to truck accidents. They thus collect evidence to show that the actions of the driver amounted to breach of duty of care and consequently resulted in an accident.

 

  • Employer Liability: In most cases, the transport company may be held liable for the accident and its negligence in hiring and training drivers or supervising them dormitory to proper maintenance of vehicles.

 

  • Manufacturer Liability: In the event that a defective truck part or component took place in an accident, it may trace its way back to the manufacturer, who will be held accountable for injuries and damages.

 

Pursuing Compensation

 

After gathering data and evidence of the accident scene, a lawyer will determine what type of damages you can seek from the liable party. This will help you to pursue what you actually deserve. 

Medical Expenses: Depending on the state, victims of truck accidents may have medical expenses compensation such as hospital or surgery charges, medications, rehabilitation, etc.

 

  • Lost Wages: If the injuries sustained in an accident bar a victim from undertaking work, they may claim lost wages and diminished earning capacity.
  • Pain and Suffering: In truck accident claims, non-economic damages such as pain and suffering, emotional distress, or individuals can also be pursued.
  • Property Damage: Victims of the accident can seek compensation for repairing or replacing damaged vehicles and any lost personal property.

 

Negotiating with Insurance Companies

 

Negotiating with insurance can be a complex task Insurance companies try their best to secure their maximum profit. A personal injury lawyer will fight aggressively for your rights and make sure to get fair compensation by using the following strategies. 

 

  • Preparation of Demand Package: The victims’s attorneys compile all necessary evidence, such as medical records, accident reports, witness statements, and expert opinions, for the purpose of presenting a complete demand package to the insurance company.

 

  • Negotiation Tactics: Negotiation strategies used by sophisticated lawyers to enhance the level of their client’s compensation involve making persuasive arguments, pointing out weighty evidence details, and utilizing understanding in terms of relevant laws.

 

  • Alternative Dispute Resolution: Mediation or arbitration, however applicable in some cases to the settlement of disputes with insurance firms outside a court, is another option.

 

How can an attorney handle truck accident claims in Texas?

 

Litigating the Case

If the insurance company denies or offers a low settlement amount, your lawyer will file a lawsuit and take your case for court trial. 

 

  • Filing a Lawsuit: In cases where negotiations fail to settle a matter on acceptable terms, attorneys may take their clients to court seeking litigation.
  • Discovery Process: The discovery process involves the exchange of evidence and information, sometimes referred to as disclosure by both parties, including witness testimony before trial, experts’ evaluations along with their reports on cross-examination during preliminary hearings after pleading guilty or throughout postponements from several exchanges between counseling until a final result is reached.
  • Trial Preparation: Trial lawyers prepare for court by taking the depositions, writing legal briefs, and planning out convincing arguments in front of a judge and jury.
  • Courtroom Advocacy: In court, the prosecuting attorneys endeavor to champion their clients’ causes by setting out evidence, cross-examining witnesses, and making persuasive speeches so that favorable judgment is given.

 

Representing Victims’ Rights

The truck accident victims in Mokaram Law Firm are guided legally from the beginning till end since lawyers out here comprehend and sympathize with them all along.

  • Complete Legal and Emotional Support: Lawyers give emotional support to truck accident victims and their loved ones throughout the litigation, explaining what is next for them as well as respondents inquiries or concerns
  • Protecting Legal Rights: Lawyers ensure that the victims get rightful treatment both legally and unfortunately will be compensated for suffering.
  • Pursue Justice: Lawyers pursue justice by punishing negligent parties and encouraging safety measures within the trucking sector.

 

The Bottom Line

 

In case you had that recent trucking accident which altered your life, the involvement of a seasoned attorney is necessary. However, the process of law in Texas may be intricate; to this aim you need a lawyer who will able manage all technicalities. You can reach our seasoned lawyer by contacting us at (281) 609-9224.

Disclaimer


Past results do not guarantee future performance. The $1B amount reflects the NFL concussion MDL settlement not an individual claim.

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FAILED


Sorry! Can't Help You
If There Was No Injury Then There Is No Claim to be Filed.

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We can't provide a valuation for the claim if the accident is reported as "at fault" or if there's no clear determination of fault.

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