Austin Truck Accident Lawyer
When you have suffered tremendous injuries after being involved in a collision with a tractor-trailer, consult a truck accident lawyer in Austin to secure your rightful compensation.
Tractor-trailer wrecks happen far more frequently than you might think, and the injuries of those involved are often traumatic and even fatal. Spinal injuries, traumatic brain damage, post-traumatic stress disorder, broken bones, third-degree burns, and amputations are all common in trucking accidents.
With this in mind, it shouldn’t come as a surprise that many survivors have to remain home from work until they heal. Being unable to earn a living can devastate your family financially, which is why you need a highly trained Austin truck accident lawyer from Crain Brogdon, LLP. to represent you.
Our investigation will uncover who is liable for your losses so you can obtain the justice and compensation you need to move forward with your life. Reach out today to schedule a free claim review.
Blame in Big Rig Collisions
When you’re involved in a trucking accident, recovery is rarely quick and easy. The good news is that there are several individuals who could be held accountable for your losses, as there are multiple entities involved in the care, safety, operation, and maintenance of a big rig.
Typically, the truck driver is found to be negligent in some way. We find that truckers often cause the most crashes when they have been too tired to drive—otherwise known as drowsy driving. However, they also could have contributed to the cause of the accident if they were driving while under the influence of drugs or alcohol, driving while distracted, or driving aggressively.
Apart from the truck driver themselves, claims can also be brought against the company that employs the truck driver, the owner of the tractor-trailer, cargo loaders, safety inspectors, technicians, and vehicle parts manufacturers. After your lawyer has completed their investigation, they will have a better understanding of both how the accident happened, and who should be held liable.
Texas Civil Claim Deadlines You Need to Know
When you’re preparing to pursue your civil lawsuit, you need to be aware of the statute of limitations and when it will affect your case. If your claim hasn’t been filed before the statute of limitations expires, then the Austin courts will refuse to hear your claim, and you won’t be able to secure compensation from the at-fault party.
In Texas, you have two years from the date of the truck accident to file your claim in court. That doesn’t mean you need to be ready to appear in court at this time, but rather that you’ve initiated the claim process against those liable for your damages.
If you weren’t diagnosed with an injury related to the accident until weeks or even months later, the statute of limitations won’t start running until the date of your diagnosis. When you work with an attorney to secure the justice you’re entitled to, you won’t have to concern yourself with these deadlines, as they’ll already be prepared to ensure your claim is filed before time runs out.
Modified Comparative Negligence in Action
Few motor vehicle wrecks are the cause of simply one driver or one factor. In a typical car crash, for example, one driver might have been changing lanes without a turn signal, but the other driver might have been too distracted to avoid the collision in time.
The distracted driver might think they don’t have a viable claim, as they could be held partially liable for the wreck. But, in Texas, modified comparative negligence laws allow those who are partially at fault to still seek compensation for their damages.
Here’s how it works: The judge will review your case and determine what percentage of fault you carry. Then, whatever award amount you are issued by the jury will be reduced by the percentage of blame assigned to you by the judge.
For example, if the judge finds you to be 10 percent at fault, and the jury awards you $400,000 for your losses, you will only be entitled to $360,000 after the 10 percent deduction.
If you believe that you might be partially responsible for the cause of the tractor-trailer accident you were involved in, speak with your lawyer and learn more about how you should expect modified comparative negligence laws to influence your claim.
Seek Maximum Repayment for Your Losses
If you are hoping to have every single loss you’ve endured covered by the person or persons who are responsible for causing your injuries, you will need to be detailed in describing each way your life has been impacted by the accident.
Damages are often categorized as either economic or non-economic. Financial losses are economic, and every other loss is non-economic. The damages included in these categories can vary, but for the most part, injury victims can seek compensation for the following losses:
- Medical expenses and equipment
- Loss of enjoyment of life
- Pain and suffering
- Loss of consortium
- Mental anguish
- Disfigurement and significant scarring
- Loss of household services
- Lost wages
- Damage to your earning capacity
It can be difficult to say how much you should expect to recover in your case, as every type of accident and loss impacts individuals differently. But, generally speaking, the more severe your injuries are, the greater you can expect your final award to be.
Austin Truck Accident FAQ
18-wheeler collisions are some of the most severe types of accidents someone can be involved in, and when you are trying to recuperate from your injuries, you don’t need to be bombarded with legal jargon you don’t understand.
For this reason, we have gathered a list of some of the most common questions our clients have had, in regards to their claims. Additional questions you might have can be discussed during your complimentary claim review with your truck accident attorney in Austin.
If the insurer made me an offer, should I accept it?
The decision to accept an offer made by the insurance company is yours to make, but it’s advised to have your attorney first examine the offer to ensure that it meets your needs.
The initial settlement offer will more than likely will be far less than your damages amount to, but your lawyer can negotiate with the insurer to obtain a settlement that better reflects the suffering you’ve endured. If the insurance company fails to meet your needs, your attorney can bring them to court to secure the compensation you deserve.
What happens if the tractor-trailer was from another state?
If the big rig that struck you was from another state, it won’t matter, as long as the accident occurred within Austin or even anywhere in the state of Texas. Our firm is prepared to represent crashes that happen within the state, so if you were harmed by an out-of-state trucker, we can still bring a claim against them to recover the damages that are rightfully yours.
What are exemplary damages?
Exemplary damages are also referred to as punitive damages. These are an additional award issued by the judge presiding over your case. These are only awarded in cases where the judge believes the liable party was willfully causing you harm, or if their actions were so abhorrent that the at-fault party should be punished for their behavior.
Although an award of punitive damages will significantly increase your overall settlement amount, the true purpose is to make an example of the defendant in the hopes of preventing similar accidents from occurring in the future.
Consult an Austin Truck Accident Attorney
If you’re ready to rebuild your life after your trucking wreck, but you aren’t sure what your next steps should be, get in touch with a regarded Austin truck accident lawyer from Crain Brogdon, LLP. at your earliest convenience.
You can give our office a call at 214-522-9404 or complete the brief contact form we have placed at the bottom of this page to schedule your free, no-obligation consultation today.