Trucking companies and their insurers often have teams of lawyers and investigators working to minimize their liability, so it is important to have an experienced attorney on your side.
Truck accidents can be devastating for all involved, leading to serious injuries and even death. If you or a loved one have been involved in a truck accident in Houston, TX, it is important to understand your legal rights and options for pursuing a lawsuit.
In the state of Texas, truck accident lawsuits fall under personal injury law. This means that if you were injured in a truck accident, you may be able to file a personal injury lawsuit against the truck driver or trucking company responsible for the accident.
To have a valid personal injury claim, the following elements must be present:
- A duty of care was owed to you by the defendant
- The defendant breached that duty of care
- The breach of duty of care caused your injuries
In a truck accident case, the duty of care is generally owed by the truck driver and/or the trucking company. The driver has a duty to operate the truck safely and obey traffic laws, while the trucking company has a duty to properly maintain the truck and ensure that their drivers are properly trained and licensed.
If it can be proven that the driver or trucking company failed to uphold their duty of care, they can be held liable for any injuries that resulted from the accident. This can include medical expenses, lost wages, and pain and suffering.
One of the biggest challenges in truck accident lawsuits is determining who is liable for the accident. In many cases, multiple parties may be held responsible, such as the truck driver, the trucking company, and even the manufacturer of the truck or its parts.
In addition, trucking companies and their insurers often have teams of lawyers and investigators working to minimize their liability, so it is important to have an experienced attorney on your side. An attorney can help you navigate the legal process, gather evidence to support your claim, and negotiate with the insurance companies to secure a fair settlement.
It is also important to note that there are strict deadlines for filing a personal injury lawsuit in Texas, known as the statute of limitations. In general, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may be barred from seeking compensation for your injuries.
If you or a loved one have been involved in a truck accident in Houston, TX, it is important to take legal action as soon as possible. An experienced personal injury attorney can help you understand your rights, gather evidence, and fight for the compensation you deserve. With the help of a skilled attorney, you can focus on your recovery while they handle the legal aspects of your case.