Frequently Asked Questions About Being Involved in an Accident With a Semi-Truck or Tractor Trailer
You must be overwhelmed with questions after your Dallas car wreck. Why not get the answers from a Texas board-certified personal injury attorney?
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Should I give a recorded statement to the negligent truck driver’s insurance company?
After a truck wreck that was not your fault, the truck driver will report the crash to his insurance company, and an insurance adjuster will be assigned to the claim. He will investigate the cause of your crash and obtain information about your injuries. He will most likely contact you—possibly while you are still in the hospital—and may ask you to do a number of things while evaluating your claim. One request may be to give a recorded statement. Should you agree to give one?
Why You Should NOT Give a Recorded Statement to the Truck Driver’s Insurance Company
A recorded statement is a question and answer session conducted by the insurance adjuster where your answers are recorded and later transcribed to create a written version of the session. Are you required to give a recorded statement in order to settle your claim with the insurance company? No, you do not have a duty to agree to this in order to receive the compensation you deserve for your injuries.
You may not think that giving a recorded statement is a bad idea when you know that the trucker was the at-fault driver. However, many victims of tragic truck wrecks have significantly weakened their claims for compensation by giving a recorded statement. Here is how agreeing to this could hurt your case:
- Inconsistencies. You will be discussing your crash with many people, such as witnesses, police, and your doctor. If you agree to give a recorded statement, the adjuster will compare your answers to others you give while you are resolving your claim to see if there are any inconsistencies in what you have said. If there are any, he will use this information to deny or reduce your claim. In addition, inconsistent statements would make you less credible as a witness—also damaging your claim.
- Confusing questions. The insurance adjuster has extensive experience taking recorded statements and knows how to ask questions—sometimes in a confusing manner—to elicit the answers he wants in an effort to weaken your claim. You may inadvertently answer a question in a way that hurts your case without even knowing that you are doing this.
- Litigation. Your recorded statement—like other statements you make—can be used against you in court if you file a civil lawsuit. Portions of the recorded statement could be used with motions filed to try to get your case dismissed or in cross-examination at trial to show that you are not a believable witness.
What Should You Do If the Insurance Adjuster Asks You to Give a Recorded Statement?
If you receive a call from an insurance adjuster requesting that you give a recorded statement, you should politely inform him that you plan to retain an attorney before making any decisions. Then you need to immediately retain an experienced truck wreck attorney who can advise the adjuster that you will not be agreeing to this and can handle all your communications and negotiations with him.
What happens if you already gave a recorded statement? You have not ruined your case. However, you need to hire a lawyer immediately to obtain a copy of the statement and minimize the damage that your statements may have caused to your right to compensation.
If you need assistance in negotiating a settlement of your truck wreck claim, our experienced truck wreck attorneys are here to help. Contact us online or call us directly at 817.380.4888 to schedule a free consultation. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.
How much is your truck wreck claim worth?
If you are considering filing a claim with a negligent trucker’s insurance company for your injuries, an important question you need to have answered is what the value of your claim is. This can help you determine whether it would be worth your time and effort to file a claim and to fight to obtain the compensation you deserve. While an experienced truck wreck attorney cannot guarantee a precise settlement amount, he can give you guidance on how much your truck crash claim may be worth.
What Factors Will Influence the Compensation You Receive for Your Injuries?
A truck wreck attorney can determine the strength of your claim and its potential value by looking at a number of factors that influence the value of an injury claim in general and the specific facts of your case. This is not something that you can accurately do on your own. You need an attorney who has handled many truck wreck claims and has a record of success to evaluate this for you. Some of the factors that will determine your claim’s worth include:
- Liability. When there are serious issues about the truck driver’s liability for causing your wreck, this can weaken your claim and make it more challenging to convince the insurance adjuster to agree to a settlement of your claim. When there are real questions about the cause of the wreck, you may have to be realistic and settle for less if you hope to reach a settlement of your claim. In contrast, if the negligence of the trucker is clear cut, the value of your claim will increase.
- Comparative negligence. If the trucker has a legitimate claim that you were partially at fault in causing the crash, this could also reduce the value of your claim. For example, if you were 30 percent at fault in causing the wreck, you would only be entitled to 70 percent of the total compensation that you are owed.
- Severity of your injuries. The value of your claim will be more if you suffered long-term or life-altering injuries, become permanently disabled, or are filing a wrongful death action due to the death of a loved one. The medical bills, lost wages, and emotional damages portions of your claim will be larger if your injuries are severe, making your overall claim worth more.
- Amount of insurance coverage. The reality is that the insurance companies for the trucker and his employer will only owe compensation up to the liability coverage limit of the insurance policy. You will be more likely to receive the compensation you deserve if the insurance coverage is substantial and sufficient to cover your damages.
- Hiring an experienced truck wreck attorney. An experienced truck wreck attorney will increase the value of your claim due to his experience handling cases such as yours and his reputation for successfully resolving these claims. He will understand the importance of a thorough investigation, will be able to accurately value your claim, and will not be afraid to take your case to jury trial if this becomes necessary.
Did a negligent trucker cause your truck crash? Contact us online or call us directly at 817.380.4888 to schedule a free consultation to discuss your wreck, the value of your claim, and what the Hart Law Firm can do to help you obtain the compensation that you deserve. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.
Who is liable when a truck's brakes fail and cause a Texas truck crash that injures you?
Truck brake failure and other problems with the truck’s braking system are common causes of truck wrecks that leave victims suffering from catastrophic and fatal injuries. If this was the cause of your crash, determining the liable parties is important to ensure that you receive the total compensation you are owed in your settlement. However, identifying these parties can be more complicated than you think.
Responsible Parties in Truck Wrecks Caused by Brake Failures
Who is responsible for compensating you will depend on the cause of the wreck. You need to keep in mind that more than one party can face liability. Here are common parties to sue in these cases:
- Truck driver. The trucker will most likely face some liability for failing to properly inspect the truck brakes before starting his trip or driving when he knew there were mechanical problems with the brakes. In addition, he could face responsibility if his cargo was not loaded properly and this caused the brakes to overheat.
- Trucking company. The trucking company could be vicariously liable for any negligent actions of the truck driver. In addition, the trucking company could face responsibility for lack of maintenance of the brakes, depowering the brakes, or improper loading of the truck.
- Shipper. If a shipping company loaded what was being transported, the company could be held accountable if this caused the brakes to overheat and fail.
- Truck mechanic. Some trucking companies contract out the maintenance and repair of their trucks. If the repair facility failed to conduct required inspections of the brakes, failed to repair or replace them, or was involved in depowering the brakes, it could be a party in a lawsuit.
- Brake manufacturer. If your crash was caused by defective truck brake parts, you could have a products liability claim against the manufacturer of the brakes.
At the Hart Law Firm, our experienced truck wreck attorneys understand the importance of thoroughly investigating truck wreck claims and identifying all liable parties so that our clients receive the compensation they are entitled to. Contact us online or call us directly at 817.380.4888 to schedule a free consultation. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.
How soon after a truck crash should I see a doctor?
Even if you feel fine after a truck collision, you should see a doctor right away. Of course, if you don’t feel fine, you want to seek medical care immediately. In other cases where the injuries seem “minor” or you think that you can tough it out, you are making a big mistake that could jeopardize your health and your claim for compensation if you do not seek prompt medical care.
Why You Should Seek Medical Treatment Even If You Do Not Think You Were Injured
In any crash with a truck, you should be checked out by your doctor or another physician within about 48 hours of your crash. Here is why you should do so:
- Find hidden injuries. Adrenaline from the wreck could mask symptoms of an injury or you could have an injury where the symptoms take days or weeks to develop. Conditions like back, neck, and spinal injuries, traumatic brain injury, or internal organ damage and bleeding can fall into this category. By the time you experience the symptoms, the injuries could have become more serious or even life-threatening.
- Document your injury. By seeking medical care right away, you document your concerns about your health and make it easier to prove the causal relationship between the injuries and your truck wreck. This is especially important when your symptoms take longer to develop.
- Avoid disputes. Even when the liability of the negligent trucker is not in dispute, the insurance company will try to argue about the seriousness of the victim’s injuries when possible. By not going to the doctor right away, you give them arguments that your injuries were caused by another incident or that they are not as serious as you now claim or you would have sought treatment sooner.
Following up on your doctor’s advice and continuing with your treatment is also important. Lengthy periods of time when you were not obtaining the medical care your doctor recommended can also lead to disputes regarding how serious your injuries really are.
Did a negligent truck driver cause your wreck? The experienced truck wreck attorneys at the Hart Law Firm are here to fight for the compensation you deserve. Get your questions answered and learn the next steps you should take, then contact us online or call our office directly at 817.380.4888. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.
How much does it cost to hire a truck wreck attorney?
A primary worry if you are considering pursuing a claim against the negligent trucker who caused your injuries may be the cost to hire an attorney. This is a legitimate concern when you are already struggling with expensive medical bills and the loss of your wages while you are off work recovering from your injuries. However, the good news is that you should be able to afford an experienced truck wreck attorney to negotiate your settlement for you.
How Do Attorneys Charge Their Fees in Truck Injury Claims?
Most truck wreck attorneys charge their fees on a contingency basis. This means that they only are owed attorney fees if you receive money through a settlement or at trial. Here’s how contingency fee arrangements work:
- You would pay the attorney an agreed-upon percentage of your award at the time you are paid by the negligent party. This would be directly deducted from your settlement proceeds.
- If you lose your case, you would owe no attorney fees.
Fees and Expenses You Could Owe
In addition to attorney fees, you could owe fees and costs associated with filing your claim and lawsuit, if this becomes necessary. Some attorneys will require you to pay these fees and costs up front. Others will pay them for you and deduct what you owe from your settlement. Fees and costs that you may owe include:
- Fee to file your complaint with the court
- Service fees that are paid to a process server to serve the defendants with your summons and complaint
- Expert witness fees
- Fees to obtain copies of your medical records and other records
- Deposition fees and costs of deposition transcripts
Focus on Experience as Well as Cost in Selecting Your Attorney
While the cost to hire an attorney is a consideration in deciding who to retain, the attorney’s experience in handling truck wreck claims is more important. These claims are complicated because of the seriousness of the injuries, federal regulations that may have been violated, and the increased value of many victims’ claims. You need an attorney who is experienced in representing clients in these cases and has successfully settled them. You also want an attorney who you trust and communicates frequently and well with you.
If you or a family member suffered injuries due to a trucker’s negligence, review our case results to see how we have helped other clients like you. Contact us online or call us directly at 817.380.4888 to schedule your free, no-obligation consultation.
Who Is Responsible for Compensating You for Injuries Caused in a Truck Blowout Crash?
When a truck tire suddenly ruptures or bursts in a tire blowout wreck, the truck driver could lose control and jackknife across lanes of traffic or leave tire shreds strewn across a highway or roadway in the Dallas-Fort Worth area. These tragic crashes happen for a number of reasons. If you are injured by a tire blowout, you want to be compensated for your injuries. However, determining who the responsible parties are may not be as black and white as you imagine.
Who Is Liable in a Truck Tire Blowout Wreck?
Some of the reasons these crashes happen include lack of truck maintenance, improper loading, defective tires, or negligent inspection of the tires. The precise reason for your collision will determine the parties you pursue a claim against. In addition, there could be more than one party to blame. Here are some of the potentially responsible parties in these cases:
- Truck driver. Truckers are required to conduct a pre-trip and post-trip inspection of the truck, including the tires, under federal regulations. They are not allowed to drive trucks with repair issues that may result in the truck breaking down or causing a crash. The truck driver may have violated these rules or could have noticed the low or defective tire while on the trip and chosen to drive anyway.
- Trucking company. The trucking company has its own federal regulations that it must follow in regards to inspection and maintenance of a truck and its tires. These rules could have been broken in your case. In addition, the trucking company may be vicariously liable for the truck driver’s negligent actions.
- Maintenance company. Some trucking companies contract with a maintenance facility to perform maintenance of their trucks. If the trucking company in your case did this and lack of truck maintenance was the cause of your injuries, the maintenance company could face liability.
- Shipper. If the cargo was improperly loaded or secured by the shipper or another company other than the trucking company, this party could be responsible for compensating you.
- Tire manufacturer. If the tire was defective, you may also have a claim against the tire manufacturer. Tire tread and belt adhesion separation problems are common defects that have resulted in tire recalls.
Determining who the liable parties are following a truck crash is never easy. The experienced legal team at the Hart Law Firm is here to investigate your wreck and identify all parties you can pursue claims against. Call our office today to schedule your free, no-obligation consultation to learn why we’re the right attorneys for your case.
What is the statute of limitations for filing a lawsuit against a trucker and trucking company following a crash?
There are a number of important laws that apply to truck wreck cases that you should understand if you must pursue a claim for injuries against the negligent trucker who hit you and the trucking company who employed him. One vital law you must know and follow is the statute of limitations for filing your lawsuit. You also need the assistance of an experienced truck wreck attorney to comply with this law.
What Is the Statute of Limitations in Truck Wreck Cases?
The statute of limitations is the time period under Texas law for you to file a lawsuit against the trucker and trucking company. If you fail to file your complaint within this deadline, your complaint most likely will be dismissed by the judge, and you would be unable to pursue your claim for compensation. The following laws apply to truck crash cases:
- There is a two-year time period to file a lawsuit for personal injuries and property damage caused in a truck wreck. The time period begins to run on the date of the crash.
- If a family member died as a result of his injuries caused by a truck collision, the time period to sue is two years from the date of his death—not the date of the crash.
Why You Do Not Want to Wait Until the Statute of Limitations Is Set to Expire to Contact a Lawyer
You do not want to make the mistake of delaying hiring an attorney because you have plenty of time to file a lawsuit. You want to retain your lawyer as soon as possible after the truck crash so that he can investigate your claim, collect and preserve vital evidence, and attempt to negotiate a settlement for you before filing a lawsuit. If you wait until close to two years after the wreck to hire an attorney, important evidence necessary for your case could have been lost or destroyed. In addition, you limit the ability of your attorney to help you and open yourself to disputes in your claim about the seriousness of your injuries by waiting.
If a negligent trucker caused your injuries, let the experienced legal team at the Hart Law Firm negotiate your settlement. Contact us online or call us directly at 817.380.488 to schedule a free case evaluation.
Could the trucker’s allergies have contributed to causing my truck crash?
If you were injured in a truck crash and it was allergy season, one of the causes of your wreck could have been the trucker’s allergies. Truckers who suffer from seasonal allergies are at greater risk of causing a crash due to the sheer number of hours they are on the road and the inherent dangers when driving a massive truck weighing 10,000 pounds or more.
Four Ways Allergies Could Cause a Truck Crash
Anyone who has allergies knows that they can cause a person to have a runny nose, itchy eyes, congestion, sneezing, coughing, wheezing, and fatigue—throughout the day and night. Truckers suffering with allergies may drive carelessly or recklessly for the following reasons:
- Truckers can become distracted by blowing their noses, coughing, wheezing, and sneezing—with their eyes and minds off the road. In addition, they are less alert when their symptoms cause them to become drowsy.
- The antihistamines a trucker may need to take to control his symptoms could make him too drowsy to drive.
- Some decongestants could disrupt the trucker’s sleep patterns and lead to sleepiness when he’s driving.
- Truckers are allowed to drive for 11 hours a day without a break or sleep and already cause crashes because of this. The drowsiness caused by allergy symptoms or medications could increase the risk of a crash, making the truck driver even more sleepy and less alert.
If you were injured in a truck crash, you need an experienced truck crash attorney to help you prove the trucker’s negligence or recklessness and obtain the compensation you could be entitled to. Call us at (817) 380-4888 or start an online chat to schedule a free consultation to learn how we can assist you.
Can an insurance company follow and watch me after my crash with a truck?
A victim of a truck crash may be surprised to learn that someone from the trucking company’s insurance group is following him after he pursues his claim for compensation. Surveillance is a common practice insurance companies use to prove a victim of a crash is not really hurt as badly as he claims. This is legal, but there are limits to how much surveillance is acceptable. For example, the insurance company cannot tap a person’s telephone or peek in his window at home to videotape him.
Four Tips About Insurance Company Surveillance Strategies
The goal of an investigator is to catch a victim performing day-to-day activities he claims he cannot do because of his injury. It is important for a truck crash victim to understand some of the insurance company’s surveillance strategies. Here are four important tips about these strategies:
- Insurance companies will likely use surveillance if the victim suffered more serious and permanent injuries than if the victim’s injuries were not major, and his recovery period was a few months or less.
- Insurance companies for both the trucking company and the victim could use surveillance. Their investigators may take photos, audio, or video of an injured person while he is out in public places.
- Insurance companies often use surveillance immediately before and after a victim’s deposition. However, an investigator may watch or follow the victim at other times as well.
- Insurance companies may hire investigators who will use more than one vehicle when engaging in surveillance, so it is not as obvious to the victim that he is being followed.
If you have been injured in a crash caused by a trucker, you could be entitled to compensation for your lost wages, medical bills, and pain and suffering. Call us at (817) 380-4888 to schedule a free consultation with our experienced and compassionate legal team.
What medical records can the trucker’s insurance company require me to provide?
If you or a family member was injured in a collision with a trucker, you may be entitled to damages for your lost wages, medical bills, and pain and suffering. Medical records will be required as evidence of your injuries. The trucker’s insurance company may contact you to obtain permission to get your medical records. However, you need to be careful about what you authorize the insurance company to receive to protect your case and your privacy.
How to Handle an Insurance Adjuster’s Request for Medical Records
Records from the hospital, your doctor, physical therapists, and other medical providers can help prove what injury you suffered, the pain you experienced, the treatment you received, and any long-term problems you will face. The trucker’s insurance company will need these medical records to settle your claim. However, this does not mean they are entitled to all of your medical records. Some general considerations in giving an insurance adjuster access to your records include:
- Do not sign a general release. The trucker’s insurance company only needs the medical records relating to the injuries you suffered in the crash caused by the truck driver. The adjuster may request additional medical records to try to find information he can use to deny your claim or reduce your damages.
- Providing a doctor’s report. Sometimes your medical records may not show your prognosis or some other important information that your doctor told you regarding your medical condition. The insurance company may want a report from your doctor. Do not allow the adjuster to speak to your doctor. You should contact your doctor yourself and find out if he will write a favorable report.
It is important to review any written request for medical records carefully before signing it to be certain you only provide the documents related to your injury and to protect your medical privacy. It is best to contact an attorney for legal advice before providing any documents.
Have you or a family member been injured in a crash with a trucker? Check out our testimonials to see how we’ve helped other people like you and call us at (817) 380-4888 for a free, no-obligation consultation.