The devastation caused by big rig truck accidents is unparalleled. Victims typically experience all manner of serious and devastating injuries. They need robust representation to recover the significant damages they typically face. By typing in “traffic accident attorney near me” in a search bar, they can find the right traffic accident lawyer for their case.
Types of Compensation Available After a Truck Accident
If you have been injured in a crash with a truck, you may know that you are owed compensation. However, you may not be aware of the various types of compensation you may be entitled to. Victims of personal injuries in Texas have the right to pursue a variety of economic and non-economic damages, including:
- Medical and hospital bills
- Missed income
- Injury-related expenses
- Loss of enjoyment of life
- Pain and suffering
- Disfigurement and scarring
- Disability
Many accident victims are surprised to learn the breadth of damages they may claim after a traffic accident. This is why it is important to speak with an attorney before accepting an insurance company settlement offer. A victim without an attorney may be more likely to accept a subpar offer than a victim who has an experienced traffic accident lawyer fighting for them.
Calculating Damages for Medical Bills, Lost Wages, and More
Many victims wonder, “How can a traffic accident attorney near me help with compensation?” Receiving proper compensation requires accurate damages calculations. For this reason, attorneys need copies or originals of all of a victim’s financial activity related to the accident.
For medical and hospital bill compensation, the attorney will seek a complete, itemized account statement of all charges.
For lost wages or lost income, the following items are typically helpful:
- Work schedule
- Pay stubs
- Contract information (for independent contractors or business people)
- Tax returns
But how do lawyers calculate intangible damages, such as pain and suffering? There are a few accepted methods and formulas used to determine intangible damages, including the multiplier method.
Under the multiplier method, your injury is assigned a number between 1 and 5 according to its seriousness (5 being the most serious). This number is then multiplied by your economic damages (medical bills, lost wages). That final number is your non-economic damages compensation.
Negotiating Strategies and Dealing With Insurance Companies
Perhaps the most challenging aspect of recovering maximum compensation is dealing with insurance companies. These for-profit businesses handle most truck accident compensation after an accident. The problem is that they do not have accident victims' best interests in mind when doling out compensation.
Instead, these companies are only concerned about profits. The more compensation they pay out, the lower their profits will be. For this reason, they work hard to convince truck accident victims to take less than they deserve and are usually successful unless an experienced attorney is protecting the victim.
When an experienced attorney is on board, the insurance company’s lawyers know that their strategies and tactics must change. The victim is now on equal ground with the insurance company, whose attorneys know that they must play fairly or risk a bad-faith insurance lawsuit and other undesirable consequences.
Proving Liability to Determine Who to Pursue for Compensation
Accident victims also wonder, “How will a traffic accident attorney near me prove liability?” The answer is that truck accident attorneys work vigorously to identify and hold liable parties accountable.
This process can be quite complex given the detailed, regulated nature of the trucking injury. It is often the case that more than just the driver is held liable. In some cases, the driver may not be liable whatsoever.
Common liable parties in truck accident cases include:
- The driver
- The driver’s employer
- Shipping companies
- Other drivers
- Road construction contractors
- Road maintenance contractors
Whoever the liable parties may be, you can rely on your truck accident attorney to identify them and pursue them for maximum compensation. But first, your attorney must identify a basis for liability, which is typically negligence.
Common bases of liability in truck accident cases include:
- Negligent driving
- Negligent vehicle maintenance
- Negligent vehicle loading
- Negligent hiring or supervision
- Negligent road construction
- Vicarious liability
The importance of having a traffic accident attorney in these cases is high. Truck accident cases involve special legislation and rules, such as federal hours-of-service rules that dictate how many hours a commercial driver may drive in a day or week. In accident cases involving drowsy driving, these regulations typically prove pertinent to negligence inquiries.
FAQ
How Long Do I Have to File a Car Accident Claim?
As a truck crash victim, you have a two-year time limit to file a car accident claim or lawsuit. There are exceptions to this statute of limitations, most notably for minors. Minors injured in truck accidents usually have until their 20th birthday to take action for compensation.
Will My Case Go to Trial?
It is likely that your case will not go to trial because the majority of traffic accident cases are settled before trial. If your case does go to court, you can expect your attorney to vigorously pursue the money you are owed.
Is Texas a No-Fault Car Accident Insurance Case?
No. Texas is not a no-fault insurance state. In Texas, traffic accident compensation is based on fault, which requires the victim to prove negligence or some other unlawful act before receiving compensation.
Reach Out for the Representation You Need Today!
As a victim of a truck accident, you never have to settle for anything less than proper compensation. With an experienced traffic accident attorney, you can recover the valuable damages that can provide you with the relief you need. Ramsey Law Group is ready to meet and help you attain fair compensation. Call today.