After being the victim of a collision involving a semi-truck, a claim may need to be filed. The accident may have left you injured or traumatized, making it difficult to know where to begin. This is why if you’ve been injured in a truck crash, the best course of action is to seek the best Houston 18 wheeler wreck law firm.
Wondering what the claim process after a truck wreck entails? We’ll cover this and more.
KEY TAKEAWAYS
- Hiring a qualified attorney is the first step, as a truck accident lawyer will help build your case by gathering evidence, reviewing documents, and determining negligence. It’s crucial to consult with an attorney before speaking to the insurance company to protect your claim.
- Do not accept an insurance settlement without consulting an attorney, as insurance companies often offer low settlements to minimize their payout. An attorney will negotiate on your behalf to secure a fair settlement that fully covers your damages.
- The claims process may involve the court if negotiations fail. If the insurance company refuses to settle, your lawyer will take the case to court. The trial will determine liability and the compensation you’re entitled to based on the evidence presented.
Seek Out a Qualified Attorney in Houston, TX
The first step to take when filing a claim is to hire an accredited Houston attorney who specializes in big truck accidents. They will build your case for you by gathering evidence of negligence, reviewing documents, looking over the accident, interviewing key witnesses, and going over the accident report.
If the at-fault driver’s insurance company reaches out to you for a statement, do not speak to them without first consulting your attorney. Going through your attorney guarantees you will not say something to hurt your case. We also would want to make a note of any contact made by the trucking company.
Houston Commercial Truck Accident Lawyer Near You
An exact cause of the big rig wreck must be determined, and negligence has to be proven. Either the court or insurance company will determine these factors. Trucking companies will attempt to pay out as little as possible in these situations. This is why using a Houston trucking attorney is so important. At The Stephens Law Firm, we collect evidence on your behalf, giving you the resources that protect you and prove the negligent driver at-fault.
From fatigued drivers to poorly maintained rigs, we know what causes these crashes—and how to hold the right people accountable. Joe Stephens can help you fight for your recovery.
Should You Accept a Settlement Directly From the Insurance Company?
If the insurance company reaches out, offering a settlement, do not accept. Accepting a settlement prevents you from being able to pursue any further legal action against the company. Insurance settlements can be thousands, sometimes millions less than what an accredited attorney can get you. Always have a lawyer negotiate terms with the insurance company on your behalf.
Negotiation of Settlement For Houston Truck Crashes
Claims typically end with satisfactory results. At The Stephens Law Firm, we’ll fight for the compensation you deserve. In cases of gross negligence, such as when a driver is under the influence, you may be entitled to an additional payout.
If the insurance company is unwilling to settle, the matter will be taken to court. This is where a trial decides which parties are at-fault and determines any negligence. Your attorney will be able to provide evidence collected over the duration of your claim, presenting it in court.
Frequently Asked Questions About the Texas Truck Accident Claim Process
How Long Does the Truck Accident Claims Process Take?
Most truck accident claims in Texas take anywhere from several months to two years or more to resolve. Simple cases with clear liability and minor injuries may settle in 3 to 6 months. However, truck accident cases are often more complex than standard car accidents because multiple parties may be involved, including the truck driver, trucking company, cargo loader, and vehicle manufacturer.
Factors that affect the timeline include:
- Maximum Medical Improvement (MMI): We cannot accurately value your claim until your doctors determine you have reached MMI. Settling before this point could mean you lose out on compensation for future surgeries or long-term care.
- The Number of Defendants: Unlike a car wreck, we may be suing the driver, the trucking carrier, and the maintenance contractor simultaneously. Coordinating with multiple insurance companies takes time.
- The Discovery Phase: This is where we force the trucking company to hand over internal records. Large companies often stall this process, requiring Joe Stephens to file motions with the court to keep the case moving.
- HB 19 (Texas Law): Under recent Texas legislation, truck accident trials are often “bifurcated” (split into two parts). This can delay the litigation process, but it is necessary to hold the trucking company directly accountable for its negligence.
Joe Stephens works to resolve cases efficiently, but our primary goal is maximum recovery. If you are struggling financially during the process, we can help you explore options for medical liens or interim support.
What Documents Do I Need for a Truck Accident Claim?
The “Golden Rule” in truck accident law is: Evidence disappears quickly. While you should gather what you can, Joe Stephens and his team will handle the heavy lifting of securing corporate records. Gathering the right documents strengthens your claim and speeds up the process.
What You Should Collect Now:
- Police Crash Report: The official record of the scene.
- Visual Evidence: Any photos of the “Point of Impact,” skid marks, and the position of the vehicles before they were moved.
- Medical Trail: All ER discharge papers, specialist referrals, and a log of your daily pain levels.
- Proof of Income: Recent pay stubs to document the wages you’ve lost since the crash.
What Joe Stephens Will Secure for You:
- The “Black Box” (EDR): We send a Spoliation Letter immediately to prevent the trucking company from erasing the electronic data that proves speed, braking, and steering at the time of impact.
- Electronic Logging Device (ELD) Data: This shows whether the driver violated “Hours of Service” rules and was driving while fatigued.
- Driver’s Qualification File (DQF): We review the driver’s history for prior crashes, failed drug tests, or insufficient CDL training.
- Maintenance Logs: To see if the truck had faulty brakes or worn tires that the company had ignored.
Don’t wait for the trucking company to “lose” the evidence. Contact The Stephens Law Firm today for a free consultation, and we will move immediately to preserve the data needed to win your case.
Call an Experienced Truck Accident Lawyers in Houston
If you or a loved one were involved in a collision with a commercial truck, we’re here to help. The Stephens Law Firm will take you step-by-step through the claims process, up until a settlement is reached. We want you to receive the compensation you deserve. Call an auto accident lawyer in Houston Texas today!
