Truck Accidents - Know Your Rights – Everything You Need to Know!
Large 18 wheeler trucks are a common sight on roads in America. They carry and deliver goods from one town to another. But if they are involved in an accident, things can become very serious and deadly. Because of their large size, truck accidents are dangerous and complicated.
According to Houston chronicles, Houston has the deadliest roads in the country. Annually, around 2,900 people are seriously injured due to road accidents, and around 600 deaths are reported on average. Around the country, 4,800 people died in truck-related accidents. According to Texas DOT, there were 25,000 truck-related crashes in the year 2017.
Small vehicles are sometimes at fault but mostly, it's the fault of the truck drivers. Suppose the driver makes a slight mistake behind the wheel while on the road; it could lead to a massive and fatal accident. Distractions like using a mobile phone to text or call, looking to the side of the road, or reaching for something that causes the driver to take eyes off the road, can cause accidents.
Moreover, drowsiness and exhaustion of drivers is another big cause that leads to truck accidents. In most cases, the driver sustains some injuries, but the passengers of the other vehicles are the ones who suffer the most. If not death, the victims may suffer from broken bones, fatal injury to the brain, burns, paralysis, among other problems. So if you get entangled in an accident where the truck driver is at fault, you need to understand your rights and options.
What are your rights after the truck accident?
The very first step to take before filing a lawsuit is to understand your rights. You can file a claim if you can prove that the truck driver and their employer are responsible for your damage and injuries. You can do this by showing that the driver broke the law and they were negligent. Many things are considered negligent, including:
- Drunk driving or under the influence
- Using a phone while driving
- Reckless driving
- Falling asleep
- Speeding over the limit
- Defected vehicle
If one of these caused the accident, then this will make your case stronger. There may be other negligence or personal injury claims that you could make. So the best way to determine your legal rights is to consult an experienced truck accident lawyer in Houston.
The type and extent of damages
The next thing you need to determine for your lawsuit is what expenses are you owed? The expenses you will be compensated for depending upon the type and extent of the damage. These include:
· Medical bills and hospitalization expenses like doctor consultation, ambulance fees, in-home services.
· Lost wages mean the pay that was lost because of the accident and inability to work due to hospitalization.
· Loss of future earnings due to disabilities after the accident
· Pain and suffering are the physical and mental distress that follows an injury due to the accident.
· Loss of affection means the inability to show affection to a spouse after an accident or loss of a loved one.
You will need a professional's help to estimate the damages and get you the right compensation you deserve.
What to expect after a truck accident- settlements
Your lawsuits are usually filed in court. But before legal proceedings in the court, the parties can resolve their conflict through a settlement. Both parties reach an agreement outside of court that can settle among themselves.
Types of Settlements
There are two types:
- Structured settlement- it is paid in fixed payments over some time settled at the time of the agreement.
- Lump-sum settlement- it is paid all at the time.
Pros of settlements
Settlements save time and money as compared to going for trial in court. This compensation method is less adverse as both parties can frankly talk about their position, and they do not even have to admit fault. They can also get a neutral opinion from an experienced third party. When both parties are calm, rational, and less defensive, they can easily reach an agreement.
Drawbacks of settlements
Even with its advantages, there are some drawbacks to settlements. The first is that the compensation amount may be much less than what the victim could have received in court. The injured party cannot hold the perpetrator legally accountable for the damage they have caused. And the victim would have to agree to give up legal rights to claim anything else regarding the truck accident.
Get help from truck accident Lawyers in Houston today!
Even though it is easy to find out how much compensation you need, it is quite difficult to get it. Why? Because the insurance companies of the other party will do everything in their power to avoid paying you or ensure that you are paid very less than what you deserve. The lawyers of the other party will make sure that they do not have to pay you. And this is much worse in a truck accident case because the truck companies are also involved.
Since the truck company can be sued if their driver was at fault so they will do anything to fight against you and not admit their fault; from refusing to compensate you or offering low amounts for settlements, these companies will bully you around. If every other way fails, they may blame you for being at fault in the accident to not receive anything.
So it is not a good idea to fight these companies on your own. This is why you need to consult skilled and experienced lawyers who will help you understand your rights. They will investigate your case and take your side to ensure that you get the compensation you deserve.
