Every car crash carries a measure of risk, but getting hit by a commercial vehicle means you and your passengers could suffer extremely serious injuries. Your car could be destroyed, you could need emergency care, and you may face an extensive recovery. On top of that, you could end up with astronomical medical bills if you can’t work while you’re injured.
Instead of wondering what to do, take action to learn about your legal options by speaking with the qualified Houston truck accident attorneys at Farah Law. We are ready to guide you when you arrange a free consultation at your convenience. In the meantime, our team offers this guide that answers your question, “A commercial vehicle hit me - now what?”
What to Do Immediately Following a Commercial Vehicle Accident
Farah Law recommends the following steps in the aftermath of a commercial vehicle crash. Do these if you are physically able, or ask someone to perform these actions for you if you are incapacitated.
Get to a Safe Place
If your vehicle isn’t so badly damaged that it can’t be driven, move it to a safer location that’s out of traffic but close to the accident scene. If you cannot move it, leave the vehicle where it is and get yourself to safety if you are able. Above all, try to stay calm and wait for emergency services.
Call 911 for Police and Medical Assistance
Dial 911 or ask someone to so police can assess the accident and potentially issue traffic tickets. You or someone else at the scene may also need immediate medical care or emergency transport. Even if you think you are unhurt, it’s vital that you allow paramedics to evaluate you before you leave.
If you leave the accident without getting evaluated, be sure to visit your doctor in the next 24-48 hours in the event you are actually injured and don’t know it. Many injuries can be “silent,” such as internal bleeding or traumatic brain injury. Also, getting diagnosed close to the accident allows your attorney to demonstrate a connection between the crash and your medical conditions.
Document the Accident Scene
Take photos and videos of your injuries, the vehicles, the weather, and the road conditions surrounding the crash. Photograph anything that seems important or related to the accident and ask witnesses for their contact information so your attorney can interview them later.
Many people have dashboard cameras these days and may be willing to share footage with you to show what happened. Your commercial vehicle accident lawyer can also request traffic and security camera footage of the incident.
Exchange Information With the Other Drivers
You are required by Texas law to exchange contact and insurance information with any other people involved in an accident. Avoid making any small talk, admitting guilt, or assigning blame to anyone. You may want to take photos of their driver’s licenses and insurance cards to be sure you get all the details correct.
Contact Your Truck Accident Lawyer
While it’s important to notify your insurance company after an accident, you may find it beneficial to speak with a qualified commercial truck accident injury attorney first. They can assess your situation and advise you on what to say (and not say) to your insurance provider. They can even handle most conversations on your behalf so you don’t accidentally jeopardize your claim.
Insurance providers are for-profit businesses, and they may try to reduce what they pay you. It’s worth the time to talk to an attorney first and ensure you have the best chance at obtaining a fair settlement. Your attorney can gather vital evidence, such as a police crash report, that can demonstrate how the commercial truck driver was negligent in harming you, supporting your claim for appropriate damages.
You Have Legal Options to Hold the At-Fault Parties Accountable
Commercial vehicle drivers owe a duty to others on the road to drive safely and obey the law, especially when driving heavy trucks loaded with cargo. Their employers are responsible for vetting, hiring, and training responsible individuals who won’t ignore traffic signals or rules in favor of getting the job done faster. When either the driver or the company fails in these duties, you have important legal options to seek compensation for the harm they cause you.
You can begin by filing an insurance claim against the company and allow a skilled truck accident lawyer to negotiate a fair settlement for you. You could file a personal injury lawsuit instead, especially if your expenses are very high and the company’s insurance policy limits don’t meet your needs. In many instances, your attorney may advise you to pursue both at once, trying to reach an agreement in negotiations while preparing to go to trial right away if needed.
Regardless of which choice you make, you should choose a personal injury lawyer who can offer significant support. A qualified attorney will help you build the strongest case they can by doing the following:
- Assessing your circumstances
- Advising you of your legal options
- Filing paperwork according to the Texas statute of limitations
- Investigating what happened
- Identifying all liable parties
- Collecting evidence, interviewing witnesses, and securing expert testimonials
- Calculating your full settlement demands
- Negotiating with insurance adjusters for a satisfactory settlement
- Preparing your case for court if negotiations stall
- Communicating with you on your case’s progress
- Preparing you for trial and representing you in all court proceedings
Potential Liable Parties in a Commercial Vehicle Accident
Although it may seem obvious to blame the truck driver, understanding who is really liable for your accident can sometimes be unclear. For example, suppose a drunk driver races onto the highway and swerves into traffic instead of merging safely. By doing so, they may cause a commercial truck driver to suddenly shift to your lane, sideswiping you into another vehicle.
In this instance, it may seem clear the drunk driver is really at fault, yet what if the truck driver was inexperienced, untrained, or under the influence themselves? Untangling who is accountable is a primary task when your truck accident lawyer is building your case, and they may identify many liable parties, such as:
- The truck driver
- Other motorists who disobey traffic laws
- The trucking company
- Repair or inspection crews
- Parts manufacturers
- Road designers or construction crews
- Motorists who drop debris on the roadway
- Government agencies that failed to maintain the highway
Texas automotive accidents are governed by Civil Practice and Remedies Code Chapter 33, which describes the legal concept of modified comparative negligence. More than one party may carry fault in an accident, including you as the victim, which works both in your favor and against it. If you are found 50% or less at fault, you have the right to seek compensation against other drivers, although your settlement will be reduced by the same percentage. On the other hand, this law allows your attorney to hold multiple parties accountable for your crash.
Get Help Negotiating a Successful Commercial Vehicle Accident Settlement With Farah Law
While you recover from your injuries, you need experienced and aggressive legal representation to help you obtain compensation for your medical bills, lost income, pain and suffering, and many more losses. After a commercial vehicle accident, turn to the compassionate team at Farah Law for superior service. We offer contingency fee pricing, so you do not pay us unless we secure a win for you.
Contact us now to arrange a free consultation and get the help you need from a top-notch personal injury lawyer.