Texas has a statute of limitations of two years for filing a personal injury or wrongful death truck accident claim. The statute of limitations may not be extended. If you wait too long after a trucking accident, you could be responsible for your losses.
Do not wait to submit a Texas truck accident claim. Speak with a Texas truck accident lawyer who has helped past clients achieve great case results. Your attorney explains how the claims process works and, if necessary, serves as your legal representative and advocate.
File a Texas Truck Accident Claim in Accordance with State Law
The statute of limitations for submitting a truck accident claim is defined by Texas Civil Practice and Remedies Code Section 16.003. A personal injury lawyer with trucking accident case experience can file your claim promptly. They can help you get money from a liable party’s insurance company.
You must carry car insurance if you live in Texas and drive a car in the state, per the Texas Department of Insurance’s auto insurance guide. Following a truck crash, notify your auto insurer. Next, your insurance company can work with the insurance carriers of other parties involved in the incident to determine who is liable.
Ideally, an at-fault party’s insurance company offers a fair settlement for your accident losses. Unfortunately, this is unlikely to happen. A liable party’s insurer is more focused on its bottom line than on your recovery from your accident and injuries. Thus, the business will commit substantial time and resources to contest your claim.
A Texas truck accident attorney can negotiate an insurance settlement on your behalf. At the same time, they get your case ready for trial. That way, if no settlement agreement is reached, your attorney is prepared to file your lawsuit and present your case to a judge or jury.
Submit a Texas Truck Accident Lawsuit Promptly
Insurance settlement negotiations offer no guarantees. Your truck accident lawyer in Texas will advise you to go to trial if you do not receive a settlement offer that provides you with enough money for your lost wages, medical bills, pain and suffering, and other losses.
Your attorney gathers accident scene photos and videos, a truck’s black box data, witness statements, and other evidence. They work hard to collect a wide range of evidence, as this helps your attorney prove that a liable party acted negligently. Plus, if you have a strong body of proof, a liable party may be inclined to settle your case before a trial is necessary.
To show negligence, your lawyer argues that an at-fault party violated a duty of care toward you. They want a judge or jury to see that this party was careless or reckless and, as a result, caused your accident. In addition, your attorney highlights your quantifiable and subjective losses. If their argument is successful, a judge or jury will order the defendant to pay damages.
Based on Texas Civil Practice and Remedies Code Section 33.001, proportionate responsibility applies to your truck crash case. With this, you and other parties can share responsibility for your trucking accident. If you are 1-50% at fault for your accident, a judge or jury reduces your damages by your percentage of fault. Or, if you are more at fault than other parties, you cannot recover damages.