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18-wheeler commercial trucks span Texas’s highways and are used to deliver cargo from place to place. These vehicles are heavy, weighing up to 80,000 pounds fully loaded. Their weight and stature inherently make them more dangerous to operate, which is why there are both state and federal regulations surrounding the driver’s training, their legal driving hours, and more. Even with all of these precautions, accidents still happen regularly.
A truck accident can have catastrophic physical repercussions. If you have been hit by a negligent truck driver, your best and first course of action, after receiving medical care, should be partnering with a Sugar Land, TX truck accident attorney as soon as possible. The team at the Law Office of Shane McClelland has extensive experience in putting their clients’ needs first—their recovery—and relentlessly pursuing the compensation they deserve after their lives have been upended by the recklessness of another.
A truck accident can result in long-lasting injuries, expensive hospital bills, and pricey property damage. A Sugar Land truck accident lawyer will help ensure you get the most of your case and hopefully a settlement offer by actively demonstrating the full extent of your losses and the long lasting expenses of any future costs.
Texas currently allows victims of personal injury claims to recover both economic and non-economic damages, which will help cover the following costs:
If your truck accident is a direct result of a truck driver’s gross negligence or reckless behavior (a total disregard for the safety of others), you may also pursue punitive damages.
When it comes to establishing liability against a negligent truck driver, your Sugar Land truck accident attorney will prove the four elements of negligence. This includes demonstrating the at-fault party:
In the case of a truck accident, usually the most commonly liable parties are the truck driver and truck and trailer owners. Examples of negligence that would breach their duty of care include speeding, lying about their amount of hours driven, driving while tired, or distracted (like being on a mobile phone while driving). This recklessness can put other drivers at serious risk of harm.
When your Sugar Land, TX truck accident lawyer has identified the liable party, you are able to hold them accountable for their actions and file a claim with their insurance and lawsuit. If the liable party is the truck driver, the legal doctrine known as respondeat superior holds the employer liable for their employee’s actions. Most trucking companies will carry insurance specifically for situations like this. In fact, there are laws that require trucking companies to carry significant insurance policies.
Texas follows a modified comparative negligence law, which means you can be found partially liable for the accident and still file a claim to recover damages. As long as you are not found to be more than 50% responsible for the accident, you can hold the primary party accountable for their actions and receive financial compensation.
While you concentrate on recovering from your injuries, a knowledgeable Sugar Land truck accident lawyer can help ensure that your case is progressing smoothly. This includes ensuring your claim is filed within Texas’s statute of limitations for personal injury claims, which is currently two years. Your attorney will also handle all aspects of your claim, including the gathering and analysis of any potentially relevant evidence.
Your attorney will also handle all scheduling and communications with the insurance company, including negotiations regarding a potential settlement. It is important to remember that the insurance companies are not on your side and will do everything in their power to offer as little financial aid as possible. Often, they will attempt to close up the case as quickly as possible by offering a small settlement right after the accident has occurred. While this may seem tempting, it is unlikely to truly cover the cost of your actual losses. If an adequate offer is not offered, our team is ready to file suit against the truck driver, his employer, and any other responsible party and take your case to trial.
Don’t try to do this alone. With nearly two decades of experience as a personal injury attorney, Shane McClelland at the Law Office of Shane McClelland is your trusted advocate in Sugar Land for truck accident cases. We recognize the immense challenges that truck accidents bring, and we’re here to shoulder the legal burden for you, allowing you to concentrate on your recovery.
To discover how we can best assist you today and to receive a complimentary case evaluation that paves the way for your path to justice and healing, please don’t hesitate to schedule a free consultation by calling us at (713) 987-7107 or using our online contact form.
