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How To Find A Truck Crash Lawyer In Texas?

How To Find A Truck Crash Lawyer In Texas?

 

Finding a truck crash attorney may seem easy with a simple online search. However, the more critical element to consider is where you can find a truck crash lawyer with proven experience and success. Before you schedule consultations, consider the essential elements of a truck crash claim so you know what questions to ask and how to evaluate their answers better.

What Can a Truck Crash Lawyer in Texas Do for Your Case?

Truck accident attorneys handle cases involving personal injury law and help victims recover compensation for their losses. Their job is to hold the negligent party liable and ensure their clients have the financial support they need to recover. Some critical elements of a truck accident lawyers job include:

  • Taking care of all administrative work required to file your claim and lawsuit, including completing the necessary paperwork
  • Investigating the accident to find evidence of negligence
  • Identifying all economic and non-economic losses associated with the accident and resulting injuries
  • Negotiating with the insurance company to secure a fast settlement in an amount that adequately reflects your losses
  • Preparing your case for trial should the insurance company fail to settle fairly

Like most personal injury cases, truck accident claims typically settle before reaching the trial phase. Still, with the help of a truck accident lawyer, they often settle faster and with better compensation.

Questions to Ask Before Hiring a Truck Crash Lawyer

Your initial meeting with a truck crash lawyer is the attorney’s opportunity to ask questions about the accident and answer any questions you have about your right to compensation. It is also a chance to learn more about their experience and how they can help you. Some questions you can ask to assess better whether the attorney is right for you include:

  • Legal background. What is your success rate with truck accident cases, and how many have you handled? Are you familiar with similar cases? How many years of experience do you have practicing personal injury law?
  • Questions about your specific case. Do you have a legal team that will work on this case? What do you think the case is worth, monetarily? How much do you involve clients in decision-making? Do you think this case will settle or go to trial?
  • Questions about payment. Do you work on contingency? Do you charge any upfront fees? What additional fees could arise during the process?

You can take the time to write down your questions to ensure you have all the answers you need before making a decision. Truck crash lawyers work with clients under various circumstances and should be able to answer any questions you have confidently.

Who Is Liable for Damages in a Truck Crash Case?

When you hire a truck crash lawyer, one of the first actions they take is determining who is liable for damages in your case. One element that makes truck accidents more challenging than most auto accident cases is the question of liability. Some potentially responsible parties include:

  • The truck driver is responsible for upholding their duty of care to follow traffic laws for the safety of everyone on the road. Therefore, they are most likely liable for damages if the accident’s cause resulted from a traffic violation.
  • The truck driver’s employer is responsible for conducting background checks on drivers, ensuring they have adequate training and performing routine maintenance on their trucks. Therefore, they can be liable when a driver with a history of traffic or industry standards violations causes an accident or when the truck malfunctions because of poor maintenance.
  • The truck cargo loader could be the driver, the company or a third party. The loader would be liable if an accident occurs because of an overloaded trailer or poorly secured cargo.
  • The truck manufacturer is liable if a defective part, such as a faulty tire or failed brake system, causes the driver to lose control and crash.
  • A third-party mechanic could be liable if the trucking company outsources maintenance and inspections and an accident occurs because they failed to do their duties.

Truck accident cases can quickly become complex when more than one party is liable for damages, or you need to file more than one lawsuit. You can discuss the topic of liability with a truck crash lawyer in the initial consultation. They may already have an opinion after listening to the details of your case.

What Damages Can You Recover With the Help of a Truck Crash Lawyer?

The value of your case comes from the damages you identify and prove in your claim. Therefore, before drafting a demand letter to give to the insurance company, your attorney will identify all the compensatory damages available for recovery in your case and collect evidence to prove them. 

Compensatory Damages

Compensatory damages refer to your financial and psychological losses, known as economic and non-economic damages. These can include:

  • The cost of medical care, including emergency services, hospital and doctor services, testing, medications, necessary medical devices and ongoing treatment, such as physical or occupational therapy
  • The wages lost from missed work, including lost earning capacity if you can no longer do your job
  • The cost to repair or replace any property damaged during the accident
  • Physical and emotional pain and suffering, including anxiety, depression and post-traumatic stress disorder

You can also claim any expense you paid out-of-pocket for services, such as transportation and household help needed while you heal from your injuries. A truck crash attorney has experience identifying all recoverable damages to ensure your claim adequately reflects everything you lost. They also understand the methods used to assign a dollar amount to non-economic damages, such as pain and suffering, that have no inherent monetary value.

What if You Think You Are Partially Liable for the Accident?

A truck crash lawyer can help you understand the laws that govern cases involving shared fault for auto accidents. For example, Texas civil court applies the modified comparative negligence rule to personal injury cases involving shared liability. If you think you bear some responsibility for the accident and the court agrees, it will impact your compensation. However, that does not necessarily mean you cannot recover your losses.

The modified comparative negligence rule states that you cannot be 50% or more liable for damages to recover compensation. If you are less than 50% responsible, you can receive an award for your losses minus an amount equal to your percentage of fault. For example, if you are 10% liable and have $60,000 in damages, you will still receive $54,000. Having an attorney help you adequately value your claim is especially important in cases involving shared fault.

When Should You Contact a Texas Truck Crash Lawyer?

Truck accident lawsuits can be challenging, especially for someone recovering from severe injuries and suffering significant financial and emotional loss. However, you can contact a truck crash lawyer immediately following the collision to take the first steps in recovering the financial compensation you need and deserve. At Fielding Law, we provide free consultations where you can ask all the questions you want with no obligation to hire. We also charge no upfront fees for our services, meaning we only get paid if you get paid. So contact us 24 hours a day, seven days a week, at (877) 880-4090 to schedule your consultation and take the first step toward getting your life back.