Truck accidents can cause a wide range of damages, depending on the severity of the crash. In some cases, there is only minor damage to your vehicle, and you may only have some bruises, bumps, and aches. However, truck collisions more often cause sustained substantial property damage and more severe injuries due to the vehicle’s large size and impact. In those instances, you may be entitled to substantial compensation.
When a truck driver hits you, they may be responsible for your injuries. In some instances, third parties or employers may also be liable for your injury, depending on the circumstances of the accident. One of our skilled truck accident attorneys could help identify who is responsible for the crash. We could also help with filing a Houston truck accident claim.
Steps Before Filing a Truck Crash Claim
Before filing, the injured person needs to identify who may be liable for the truck accident damages and build evidence to support their claim. A Houston attorney’s job is to help victims identify what evidence is needed, collect said evidence, and identify who may potentially be liable for the damages in a truck accident claim.
Gathering Evidence
Gathering evidence often starts at the accident scene. The victim should do the following at the scene:
- Take photos of the scene
- Collect witness information
- Write down the driver’s information
These steps help speed up the investigation process once the victim starts working with an attorney.
Conducting an Investigation
After the wreck, a legal team may conduct a more substantial investigation to determine whether other people may share liability for the accident. To do so, they begin by:
- Looking at photos of the scene
- Reading witness statements
- Contacting witnesses
- Investigating the police report
When the evidence indicates, they can do a more substantial investigation into the underlying circumstances.
Furthering an Investigation
Further evidence may indicate that other parties are responsible for the accident. For example, if a big truck rolls over in an accident, it could be due to improper loading. A lawyer could investigate whether the truck was loaded correctly and, if not, who was responsible for the loading. If the brakes failed, the attorney may look at maintenance schedules and whether there was a maintenance or manufacturing failure.
Filing Insurance Claims Before Lawsuits in Truck Accidents
Before filing a lawsuit, the plaintiff generally files claims with the driver’s insurance company, which can be complex. Drivers could be owner-operators, employees, or contractors. So, the insurance may be provided by an employer or by the driver. In some scenarios, the driver and employer may carry insurance. Identifying the correct insurance company is a crucial step in filing a claim.
Multiple Insurers
In some scenarios, multiple insurers may be responsible for paying the claims. They may argue over who has responsibility, which can lead to delays in getting payment from the claims. In spite of the delay, victims should still pursue the insurance claims and begin the settlement process. Sometimes, insurers offer a reasonable settlement offer or be open to negotiations, avoiding a lawsuit.
Filing a Lawsuit
When a party or their insurer denies responsibility for the accident or undervalues the damages, the plaintiff will have to file a lawsuit to resolve a Houston truck accident claim. Many times, insurers will intentionally undervalue a claim.
Many times, insurers will intentionally undervalue a claim because they know some victimes will feel pressued to accept lowball settlement offers due to their financial situation. However, these lowball offers are bad for them in the long term, even if accepting the settlement offer provides financial comfort in the short term.
A lawyer could examine the short and long-term impact of accepting a settlement offer. If the settlement offer cannot cover the long-term damages from an accident, then an attorney will encourage the victim to litigate the claim.
Reach Out to a Houston Attorney About Filing a Truck Collision Claim
The aftermath of an accident can be overwhelming. In addition to physical pain, victims may struggle with emotional trauma, fear about the future, and financial difficulties. It can be challenging to decide the best course of action and determine how best to pursue available remedies. One of our attorneys could help by advising you about filing a Houston truck accident claim. Call our office today to schedule a consultation and learn more.