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(877) 880-4090Truck crashes can lead to serious physical, financial and emotional harm due to the size difference between a truck and a passenger vehicle. In 2021, there were 38,149 collisions involving trucks in Texas, resulting in 705 fatalities and 1,708 serious injuries. Knowing what to do after an accident and how to handle the situation appropriately is essential to preserving your case integrity and protecting your rights.
It can be tricky when the truck involved is a public works vehicle. How do you handle a crash involving a government vehicle and an employee? Are there special considerations? Read on to learn what to do if you are injured in a public works truck accident.
One of the first steps to preserving the integrity of your case is to remain neutral in your interactions with the truck driver and others involved. You don’t want to give the trucker or the insurance company any unfounded reasons to blame you for the crash. Claiming fault and apologizing do just that.
You may think that saying you’re sorry is a polite or kind gesture, but the insurance company can use it as an admission of fault. Furthermore, stating that the crash was your fault gives the insurer leverage in denying a claim, even if the evidence reveals that the truck driver or an issue with the vehicle was partially or entirely the leading cause.
After seeing to your safety and checking on others if you can, you need to exchange information with the driver. If your injuries are severe, you may need to leave this step up to law enforcement. When you get information from the truck driver, you should obtain the following:
The additional information you gather from the driver simplifies the process for the insurance company. If you work with a truck accident lawyer, it also makes it easy for the attorney to begin investigations into who is liable.
Any time an accident results in injuries, the police must come to the scene. When they arrive, they investigate the crash site and record statements from those involved and witnesses. They also write a police report, which you may need to access when filing an insurance or legal claim.
If you are physically able and it is safe to do so, you may want to gather your own evidence at the crash site. Take photos and videos of the scene, vehicle damage and your injuries. If there were any witnesses, ask for their contact information.
Any time you sustain injuries in a traffic accident, obtaining medical assistance as soon as possible is critical. Every step you take after the incident can potentially strengthen or weaken your case. Insurance companies — whether your own or the other party’s — look for any reason to reduce or deny a claim. It doesn’t matter if the policy has sufficient coverage to pay for your damages; the company is more interested in protecting its bottom line than your well-being.
If an ambulance shows up at the scene, it’s a good idea to let them examine you and transport you to the hospital if needed. If the paramedics release you or aren’t called to the scene, you should visit urgent care or make an appointment with your physician.
Doctors can conduct a more thorough examination and order relevant tests. You may have injuries that don’t show symptoms immediately. A delayed diagnosis may lead to more serious damage. Any doctor reports provide additional evidence linking your injuries to the public works truck accident.
Before you proceed any further in the process, you may want to consult a truck accident attorney with experience handling cases involving government entities. The lawyer can evaluate your case and let you know what your options are going forward. In these types of cases, determining liability can be challenging. An experienced legal professional knows how to assess evidence to determine fault and who to hold accountable. You may have a few options, depending on the facts in your case.
Texas is an at-fault auto insurance state. After a traffic accident, the liable party pays the damages, even if that party is the state or city government. However, if the government’s employee was at fault, you may need to file a legal claim to recover damages. Additionally, when an insurance company calculates damages, they usually split responsibility between all parties involved, whether the evidence supports doing so. If they can find a way to deny a claim, they will.
The state also requires all insurers to include personal injury protection on auto policies. This coverage pays medical expenses and wage losses up to policy limits, regardless of fault. The coverage would have been included when you signed up for your policy. The only way to eliminate it is to turn down the coverage in writing.
You also can add medical payments coverage, which pays for medical expenses but not wage losses. You can file a claim with your insurance company if you have PIP or medical payments coverage. Though the provider is supposed to pay any relevant injury expenses up to your policy limits, there is no guarantee it will offer a settlement that covers all losses.
A public works truck is owned and operated by the overseeing unit. If it’s a city truck, the city government is financially responsible for damages incurred when the driver is at fault and is performing duties within the scope of the job. The state government is accountable for its fleet, and the federal government takes care of all its trucks.
Government agencies generally do not carry private insurance but pay damages out of government funds. However, they only pay if the driver was performing duties acceptable within the scope of the job. If the trucker was engaged in actions that were not considered part of the job (for example, driving the truck to run a personal errand), the government is not liable for damages. The trucker is.
It is critical to uncover all the details about what led up to the accident to determine who is liable. You might need to file a legal claim against the government or the driver to recover damages if the public works truck was at fault. Fortunately, though governments are typically immune from lawsuits, Texas and federal law both allow for legal claims against the government in the case of personal injuries arising from a traffic accident when the government employee acted within the job’s scope.
Seeking a fair settlement after a collision with a public works vehicle is complicated. Determining fault requires establishing evidence of negligence and driver actions and job responsibilities. Fielding Law attorneys have the experience and knowledge to uncover the evidence and build a solid case. We can help you understand your case and decide on the best course for you. We won’t collect any fees unless you win a settlement and provide a free case review. Get in touch today to get help from one of our experienced truck accident lawyers.