Semi-Truck Injuries: Who to Sue in Texas
March 10, 2020
Being involved in a semi-truck accident is one of the worst things that can happen to a person. The size of a tractor-trailer, as compared to other vehicles, almost guarantees someone will get hurt when a collision happens. In fact, a 2017 report from the Federal Motor Carrier Safety Administration (FMCSA) recorded a total of 5,000 people losing their lives due to truck accidents.
Unfortunately, the victim is usually the driver of the smaller vehicle, who is then left to suffer the consequences of the crash. These consequences often include expensive medical bills, emotional trauma, unemployment or the inability to work, property damage, and physical injuries. If you find yourself in this situation now, know that you have every right to seek financial compensation from the person who is at fault for your accident.
Which of the Involved Parties in a Semi-Truck Accident Can Be Held Liable?
When an 18-wheeler driver is at fault, there are many options for how you might pursue a personal injury claim in Texas, whether your accident took place in Houston, Sugar Land, or a neighboring area. Getting the highest compensation possible is a top priority. The usual starting point is to sue the driver or the trucking company. However, your attorney may also consider pursuing larger financial compensation from entities such as:
The owner of the truck
The company that issued the truck to the company on lease
The company who owns the products inside the truck
The truck manufacturer
Your case gets trickier if the person liable is an independent contractor. An experienced personal injury lawyer can help you determine the best course of action.
What Type of Attorney Can Help Me with My Case?
Hiring a good attorney can significantly increase your chances of getting a favorable settlement for your case. You will need someone capable to fight against the 18-wheeler company’s insurance company by doing the following:
Getting a police report and a copy of your medical records
Hiring investigators to know more about the accident
Finding and interviewing witnesses to the accident
Speaking with medical experts
Several state and federal agencies govern the commercial truck industry, such as the FMCSA. Hundreds of state and federal regulations are in place. Your attorney should be able to exhaust all means to use these to your advantage.
Having a deep understanding of the laws and regulations in Houston and Sugar Land, Texas is essential, especially in complex cases that may involve several at-fault parties. Since a vast amount of money is at stake, you can expect that the trucking company will use all of its resources to try and minimize its liability.
Who Can File a Truck Accident Claim in Texas?
If you were injured in the accident but are still able, you can file the lawsuit yourself. Given that the chances of the crash leading to a fatality are quite high, Texas law also allows some surviving relatives to file wrongful death lawsuits in court. This option is limited to the following:
Spouses – this includes couples who are officially married and have common-law marriages under Texas law. Formal and informal spouses of the same sex receive the same rights as heterosexual couples.
Children – this also includes your adopted children, if any.
Parents – may be your biological or adoptive parents.
Siblings, cousins, grandparents, unmarried partners, and friends are ineligible to file a personal injury or wrongful death claim on a victim’s behalf, regardless of the duration of their relationship with the victim.
Trusted Legal Service for Semi-Truck Accidents in the Houston Metro Area
The Law Office of Frederick K. Wilson II understands that it won’t be easy to get your life back on track after what happened. Attorney Frederick Wilson has made it his life’s mission to fight insurance companies that would attempt to bully you out of a fair settlement. While the journey of fighting company giants is quite long, Frederick is committed to guiding you every step of the way. Get in touch today and set an appointment for a free initial consultation.