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How Often Do Truck Accident Cases Go to Trial in Texas?

  1. How Often Do Truck Accident Cases Go to Trial in Texas?
  2. Can I Sue the Trucking Company?
  3. What to Expect From the Claims Process After a Semi-Truck Accident
  4. How Are Settlement Values Calculated for Semi-Truck Accidents?
  5. Will Adams Law Firm Is Ready to Fight for You

How Often Do Truck Accident Cases Go to Trial in Texas?

While any car accident can have life-changing consequences, crashes that involve a semi-truck or commercial vehicle are even more likely to result in catastrophic injuries simply due to the truck’s size. Determining who is responsible for your injuries can also be especially challenging, as the trucking company employing the driver may be responsible, especially if they made choices that put profits before safety.

For these and other reasons, semi-truck accidents go to trial in Texas relatively frequently, particularly when the people who hurt you refuse to take responsibility for their actions or long-term medical care is required. However, that does not mean that reaching a fair settlement before trial is impossible.

Either way, you will want an experienced Texas truck crash lawyer who can guide you through the complex claims process and, if necessary, litigation. Will Adams Law Firm has decades of experience working aggressively to uncover wrongdoing on the part of the trucking company, fighting for the support our clients deserve, and guiding them through the settlement or process. Keep reading to learn more.

Can I Sue the Trucking Company?

Several different parties may be fully or partially at fault in a semi-truck accident. This can include people or companies not directly involved in the crash, such as trucking companies, truck manufacturers, mechanics who failed to properly maintain the truck, companies that improperly loaded the truck, or more, depending on your situation.

If the driver is an employee of a trucking company, you would typically seek damages from both parties; trucking companies are considered legally responsible for the negligent actions of their employees according to Texas law.

Furthermore, since trucking companies are typically required to carry much higher insurance coverage minimums than individual drivers, suing a trucking company that may be at fault for the accident can significantly improve your prospects of receiving compensation that covers all your needs.

However, to get a clear understanding of who is responsible for your injuries, it’s in your best interest to speak with an attorney as soon as possible.

What to Expect From the Claims Process After a Semi-Truck Accident

The claims process following an accident with a large truck is more complex than it is for a typical motor vehicle accident, and typically takes longer to settle.

During the claims process, you (or, ideally, an experienced attorney) will negotiate with the trucking company and its insurance company in an attempt to achieve a fair settlement.

Remember, claims adjusters will likely want to talk to you, but they do not have your best interests at heart. Their goal is to reduce the terms of your settlement as much as possible. Do not apologize for the accident or accept any blame, do not provide unnecessary personal details, and do not give any statements about the accident beyond the basic facts (who, where, when). Hiring an attorney to communicate with the trucking company and their insurance provider on your behalf can help you avoid making costly mistakes.

Again, the claims process can be time-consuming due to the number of parties that may be involved, the seriousness of the damages you’ve suffered, and the amount of evidence that must be collected and considered.

Unfortunately, the trucking company itself may be in possession of critical evidence you would need to support your personal injury claim. This includes driver rest logs, maintenance records, data from the truck’s computer, and more. Trucking companies also typically have aggressive and well-prepared legal teams who will fight to minimize the size of any settlement you receive.

If a fair settlement cannot be reached, the best decision may be to take your case to trial. Because you will likely be going up against a big company with a strong legal defense team, you are going to need expert representation of your own if you want to maximize your chances of getting the compensation you deserve.

“Will treats his clients with great kindness and compassion. He fully understands the pain and injustice each victim is going through. This compassion and understanding allows Will to prosecute your case to the fullest. Will is tenacious in pursuing what he feels is the correct settlement for his clients.”

- B & ES – Dallas, TX

“Will, Chris & Sarah. K and I just want to thank you so much for everything you’ve done for us and our family. Throughout this process you have kept us informed and been patient with us (especially me) as we navigated through unchartered territory. Putting things in your hands allowed Karl and I to focus on him getting better.”

- SC – Katy, TX

“Hi Will, I just wanted to take a minute and let you and your wonderful staff know just how much we appreciate each one of you! All of you have been so great to us. Y’all have always answered any and all questions immediately and never left us hanging or wondering about anything. All of you have made this.”

- SB – Katy, TX

"Dear Sarah, you are the best legal assistant in the history of such creatures of legend and lore. (And Brian is in the tribe too) Do take a copy of this email to your next annual performance review... you have raised the bar. Thank you for all your help!"

- AM – Houston, TX

"I wanted to thank you both for a job well done and for an outcome that far exceeded my expectations. I appreciated your expertise and your thoroughness of preparation, as well as keeping me informed of the possible outcomes at each major point.Will, I think that Chris did an excellent job and wanted to bring that to your attention."

- MJ – Katy, TX

How Are Settlement Values Calculated for Semi-Truck Accidents?

In short, the value of the settlement is meant to compensate you for whatever financial, physical, and emotional losses you have sustained. These losses might include:

  • Current and future medical bills, medical treatment, and equipment
  • The cost of medications, rehabilitation expenses, and physical therapy
  • Your ability to work
  • Pain and suffering
  • Loss of relationship with a loved one
  • Funeral expenses

While some of these damages are relatively straightforward to calculate—such as medical bills you’ve already received, or income you’ve already lost—others are much more difficult to value or project. This includes estimates of future medical bills and wage losses, as well as non-economic damages such as pain and suffering.

You also must consider how many legal claims you are making. In addition to the truck driver, you may have claims against the trucking company (if they engage in unsafe practices or pressure their drivers to violate federal guidelines for mandatory rest), the business that loaded the trailer (if it did so improperly), maintenance professionals that knowingly or negligently failed to make critical repairs, and more.

It’s also critical to understand the importance of preserving crucial evidence following a crash. By law, trucking companies only need to retain certain records (logbooks, GPS data, maintenance records, etc.) for a limited period of time before they can destroy them. When you work with an experienced personal injury attorney to preserve the evidence in your case, they will submit a spoliation letter as soon as possible to ensure that this evidence is protected.

RELATED: What Is My Truck Accident Claim Worth in Katy, Texas?

What Is the Average Semi-Truck Accident Settlement?

Due to the wide variety of factors involved in calculating the settlement amount, it’s very difficult to estimate an average without understanding the particulars of your case.

Although there are several online calculators designed to provide a rough estimate of what your settlement amount might be, we do not recommend you rely on them. There are many factors they are unable to consider. Our law firm has successfully helped clients resolve truck crash cases throughout the state of Texas. Our team of truck accident attorneys know how to correctly calculate the value of your case and fight to make sure you get the compensation you need to recover.

Should I Take the Settlement? Or Should I Go to Trial?

There can be many advantages to settling out of court. You will get a guaranteed payout relatively quickly, without the risk of an unfavorable ruling at trial, or simply waiting months or years to receive any compensation in the settlement process.

However, it is important to understand that accepting a preliminary settlement offer often isn’t the right choice, especially if you haven’t yet consulted with an attorney. While taking the settlement may be tempting (especially with bills piling up) the last thing you want is to accept an amount that is woefully insufficient to provide for your long-term needs, and far lower than what you deserve.

In the early days and weeks following a crash, many victims underestimate their future medical expenses, the long-term psychological impacts of their injuries, and how long they will be out of work. And without a thorough and independent investigation, it’s very possible that the trucking company will withhold important evidence that could strengthen your case.

Furthermore, settlements are final, and by settling you permanently give up your right to take further legal action or increase the amount of your compensation, even if the settlement amount proves to be completely insufficient or new evidence comes to light.

For these reasons, you should always consult with a Texas truck accident lawyer as soon as possible after your accident to determine your legal options. Offer legal advice, and recommend a wise course of action.

Will Adams Law Firm Is Ready to Fight for You

The dedicated and compassionate personal injury lawyers and support staff of Will Adams Law Firm have more than 25 years of experience supporting clients through devastating, complex semi-truck accident claims and fighting for the compensation they are entitled to.

We pride ourselves on our persistence and thoroughness with the time-consuming process of uncovering insurance coverage requirements, gathering evidence, determining liability, building the strongest possible case, and holding those at fault accountable. Your recovery is always our top priority, whether that means negotiating a fair settlement or aggressively defending your interests at trial.

If you’ve recently been injured or lost a loved one in a truck accident in Texas and need legal representation, contact our office today at 1-800-559-0593, or by completing our online contact form.

We look forward to speaking with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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