If you drove into the back of a truck, you might believe that liability will inevitably be placed upon you. However, this is not the case and no matter how you hit another vehicle, if it was not your fault, then you deserve compensation.
You may also believe that it will be impossible to seek compensation from large trucking companies and their legal teams. However, with skilled representation you should be able to recover the compensation you deserve.
When truck drivers or the companies they work for behave negligently, the resulting injuries can be catastrophic. You should not have to face their aggressive legal teams alone. Instead, you should employ an experienced attorney who can advocate fiercely on your behalf.
At Abraham Watkins, we believe that all victims of personal injury deserve high-quality legal representation. We work on a no-win no, fee basis and offer a free consultation for this very reason. As one of the longest-serving law firms in the state and with a long list of successful cases to draw upon, we will do everything possible to secure a positive outcome in your case.
Should I Sue After a Rear-End Truck Collision?
Rear-end collision lawsuits can be stressful and complex. An experienced attorney will investigate your case and gather evidence to determine what a good settlement looks like in your case. They will then negotiate with the insurance provider to try and reach an out-of-court settlement that reflects your damages and experiences.
It is often in both parties’ best interests to avoid a lawsuit as they are expensive and time-consuming. However, if a fair settlement cannot be reached and the insurance company refuses to cooperate, your attorney can take over the entire legal process on your behalf and fight for your rights in front of a Judge.
Should I Accept a Settlement Offer After a Rear-End Truck Collision?
When a truck driver is involved, rear-end accidents are severe, and it is common for an insurance claim to be insufficient to cover your damages. An insurance company may be quick to offer you a settlement, but once you accept it, you will give up your right to fight for more.
If an insurance company is quick to offer you a settlement, it is often a way for them to save money and avoid paying you what they really owe you. The fact that they have offered you a settlement means that you probably have a strong case. Before you accept any settlement offer, you should first reach out to a truck accident lawyer who can review your case and advise you on your next steps.
Proving Negligence After a Rear-End Collision
If you went into the back of a truck, then it does not mean that the accident was your fault. An experienced truck accident attorney will gather evidence, investigate your claim, and determine who is liable.
Following a truck accident, it is common for more than one party to be liable and you may be claiming damages from multiple parties, including the truck driver, the trucking company, a government agency responsible for maintaining the road, or a mechanic. An attorney will explore all avenues to compensation to help maximize what you could receive.
In order to claim compensation, your attorney will need to establish that the party in question behaved negligently. Simply put, the elements of negligence that will need to be established are:
- Duty of Care – The at-fault party must have owed you a duty of care. For example, all road users, such as truck drivers, owe a duty of care to other people on the road.
- Breach – The at-fault party must have breached their duty of care to you. For example, a truck driver may have breached their duty of care by failing to follow the rules of the road, such as speeding. Or a trucking company may have breached their duty of care by failing to properly maintain their vehicles.
- Causation – The breach of duty must have caused the accident in question.
- Damages – The accident must have led to damages such as medical expenses and property damage.
What Should I do After a Rear-End Truck Collision?
After an accident with a truck, there are steps you can take to help protect your health, as well as your right to fair compensation.
Prioritize Your Safety
The most important thing after a truck accident is to prioritize your safety. Check-in with yourself to assess whether your injuries are severe, in which case you should stay where you are and wait for paramedics to arrive. Only if you feel able to should you check on others and move out of the way of any danger, such as oncoming traffic.
Stay at the Accident Scene
After a road traffic accident involving serious property damage or personal injury, you are legally required to stay at the scene of the accident until the police arrive and tell you that you can leave.
Call Emergency Services
Police should be called to any accident involving a truck, and if anyone is seriously injured, then an ambulance should be called quickly as well. Police and ambulance personnel will help to keep everyone safe, will mitigate any remaining danger, and will each file reports which will become important pieces of evidence in your claim.
Exchange Information and Collect Evidence
If your injuries allow, you should exchange information with any other drivers involved in the accident, including name, contact information, and vehicle registration. You should also try and get the name and contact information of any witnesses, who your attorney may reach out to later on.
Any evidence you can obtain will support your case. Photos of the accident, property damage, and your injuries will all prove valuable. Going forward, you can continue to take pictures of your injuries, document your experiences in a diary, and keep hold of all receipts related to your damages.
Seek Medical Attention
If you were not taken to the hospital, then you should seek a medical examination as quickly as possible. This will ensure that you are properly advised on how to protect your health, as some injuries could be masked by adrenaline after a truck accident. Your medical report will also be an essential piece of evidence in your claim, and the sooner, the better, as it will be easier to prove causation.
Call Your Insurance Company
You may need to inform your insurance company that you have been in an accident quickly. However, stick to the facts and do not go into detail, admit fault in any way, or downplay your injuries. Remember, insurance companies are driven by profit, and if you give them any leeway to assign liability to you or reduce what they will need to pay you, they will exploit it.
Call Abraham Watkins For a Free Consultation
Finally, you should call our personal injury law firm for a free consultation. You may want to do this before you speak to your insurance company so that they can advise you. The sooner you get the help of a truck accident attorney, the better.
If they believe you have a valid claim and you accept representation, they will get to work quickly to protect evidence and investigate your claim. Trucking companies may repair vehicles and get rid of evidence if quick action is not taken.
If you do not continue with representation for whatever reason, then at the very least, you will gain clarity about your rights and your next steps.
What Damages Can Victims of Truck Accidents Recover?
Your damages make up your settlement, and while some are easily evidenced with receipts and bills, others require a different approach. Your future expenses, as well as compensation for your emotional suffering, should be included in your settlement. Your attorney may achieve this by drawing upon expert testimony and providing other forms of evidence that are unique to your case.
Medical Expenses Past and Future
All medical bills and expenses that you have incurred because of your injuries should be compensated for, including medication costs, hospital bills, transport to appointments, and more.
Your personal injury attorney will also ensure that your future medical expenses are considered. If your injuries will require ongoing treatment such as physical therapy, then it is important this is reflected in your settlement. Otherwise, you could still be left out of pocket for an accident that was not your fault.
Lost Wages and Earning Capacity
If you suffered serious injuries, then they likely prevented you from working, resulting in lost wages. Lost wages should be included in your settlement, and if your injuries are ongoing and will prevent you from returning to work, then you should also be compensated for the loss of earning capacity.
Even a minor rear-end truck collision is likely to cause serious damage to a car. Your settlement should include the costs of repairing or replacing your vehicle, as well as any other property that was damaged in the collision.
Pain and Suffering
In a personal injury claim, pain and suffering damages are often the most substantial. Pain and suffering damages are in place to compensate personal injury victims for their emotional trauma related to the accident.
Accidents with trucks can be particularly traumatic and if your injuries are causing you ongoing pain or stopping you from living your life in the same way as you did before, then this should all be reflected in your settlement.
An attorney will understand how to evidence your pain and suffering so that you are properly compensated. A common method for calculating these damages is to use your economic damage, such as your medical bills, property damage, and lost wages, and multiply them by a number between one and five. If your injuries are lifelong and will result in a loss of enjoyment in life, then this may justify a multiplication of five.
Act Quickly After a Rear-End Accident
After a truck accident in Texas, it is important to act quickly by contacting a personal injury lawyer. Firstly, this will ensure that evidence, such as CCTV, vehicle damage, injuries, and witness statements, are more easily attained. This will give you a strong case for compensation.
Secondly, in accordance with the Texas statute of limitations, you have just two years after the accident to claim compensation.
Can You Sue For a Rear-End Truck Collision?
Yes, it is definitely possible to sue for a rear-end truck collision that was not your fault. At Abraham Watkins, we have a wealth of experience dealing with trucking companies and their legal teams. We are committed to serving personal injury victims in Texas and will fight fiercely to secure the compensation you deserve.
Rear-end collisions are complex, as it can be difficult to establish liability. However, utilizing over 70 years of experience, a strong team of dedicated attorneys, and a large pool of resources, we will do everything possible to secure fair compensation in your case.We offer a free consultation, and we only get paid if we win. So do not hesitate to contact us today at 713-535-9319.
Schedule A Free Consultation Today.
If you have additional questions about your accident or injuries – or if you wish to speak to one of our attorneys about your legal options – please complete our online contact form or call our Houston law office at 888-261-8831 or 713-244-5486.
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