How to File a Truck Accident Injury Lawsuit
How to File a Truck Accident Injury Lawsuit in Austin
If you have been injured in an accident involving a truck you may be wondering how to file a claim to receive compensation. Litigation and laws concerning trucking accidents are complex. They involve Texas and U.S. federal rules and regulations, restricting filing deadlines and determining fault of the responsible parties. An Austin lawyer that understands comprehensive trucking laws can assist you in filing your claim.
Determining Fault
To receive financial compensation for your injuries and damages, you will need to prove who is at fault or responsible for the accident. Many times, more than one individual can be held responsible, including the truck driver and their employer. The truck driver’s employer may be negligent when hiring the driver, providing insufficient supervision, retaining an inexperienced driver, or inadequately providing proper training. An attorney can provide legal assistance to help identify every liable individual and entity involved in the accident.
Statute of Limitations
Under Texas law, you will need to follow the statute of limitations and follow all the procedures and laws when filing a truck claim. This means meeting certain deadlines for filing petitions, documents, and paperwork. If you wait too long and pass the available window of time, you could be restricted from recovering financial compensation for your Austin truck accident injury claim.
Gathering Evidence
Before filing your claim, you will need to gather evidence involving your truck accident, and speak to any available witness. You can use this information to support your claim. It might require the need to hire forensic investigators to determine the actual cause of the accident. The evidence found might support your case to show that the truck driver was negligent in his or her duties because they:
• Failed to control the speed of the truck
• Failed to drive under the speed limit
• Failed to maintain a proper lookout
• Operated the vehicle improperly and/or unsafely
• Failed to use the brakes effectively
• Drove too fast for the road and/or weather conditions
Dealing with Insurance Carriers
The moment you file your track accident injury claim in Texas, the claims adjuster that works for the insurance carrier will begin the process of handling your claim. It is essential to never admit guilt for any part of the accident. Never sign paperwork or accept payment from the insurance company without obtaining legal advice from an experienced Austin truck accident injury attorney. If you do not have legal counsel, the insurance carrier will likely attempt to transfer blame of the accident to you, or minimize your injuries, damages, pain and suffering.
The best step in taking legal action in filing a truck accident injury claim in Austin should involve contacting a reputable law firm that handles truck accident cases. It is essential to hire a law firm with resources to investigate and litigate extremely complex cases involving truck accidents.
An experienced lawyer will work with medical professionals, psychologists, and economists to establish the emotional and financial impact caused by the serious injuries you have endured. Our Austin personal injury attorneys can help you in move your truck accident injury claim through the entire legal process to ensure you receive fair compensation. Call us at 800-863-5312 for a free and confidential consultation.
