How a Houston Personal Injury Lawyer Helps Truck Accident Victims with Insurance Claims
Gaining an Understanding of Truck Accident Insurance Claims in Houston
Houston truck accidents can leave victims with life-altering injuries, lost income, and astronomical medical bills. The insurance provider is quick to act to protect its own interests. Insurance providers have a way of making lowball settlements or flatly denying claims. That is why a Houston personal injury attorney makes all the difference. The lawyer knows how to handle insurance companies. They help collect evidence, file the claim, and negotiate fair compensation. They help protect victims from being wrongly accused. The guide offers insights on how a personal injury lawyer helps truck accident victims navigate insurance companies and what victims expect throughout the process.
Why Insurance Claims After a Truck Crash Are Complicated
Truck accidents are different from auto accidents. There are numerous players involved in them—truck drivers, carriers of trucks, loaders of freight, and insurance carriers. They will all try to blame one another.
The insurance element is made complex due to:
- The insurance coverage on commercial trucks is larger.
- There are multiple insurance policies that may be involved.
- The trucking carrier’s insurance carrier is already equipped with an attorney to defend them.
Without an attorney, the victims will not know who is liable. A Houston truck accident lawyer does all of this for them. They identify each party that is liable and create a solid case to present who was to blame with the accident.
How A Houston Personal Injury Attorney Handles Insurance Companies
An experienced attorney knows every move in the insurance game. Their job is:
1. Reading All Insurance Policies
Tractor-trailer wrecks typically have three policies—driver, company, and sometimes third-party. Your lawyer examines each policy to see what applies to your case.
2. Building Strong Evidence
Lawyers obtain critical evidence such as:
- Police and crash reports
- Truck maintenance records
- Driver hours-of-service records
- Dashcam or traffic video
- Medical records
This evidence proves fault and the extent of your injuries.
3. Calculating Full Damages
An attorney does not take a well-educated guess at the value of your case. They factor:
- Medical bills (future and past)
- Lost wages
- Pain and emotional distress
- Repairing the car
- Extended treatment or therapy charges
They make this to the insurer in order to make a reasonable demand for settlement.
4. Reasonable Negotiation
Insurers typically arrive with quick, lowball offers. A Houston lawyer resists. They use facts and pressure from the law to make a reasonable demand.
5. Saying Everything
After you get an attorney, you do not talk to the insurer. The attorney handles every call, email, and document for you. This allows you not to say something that will hurt your case.
6. Suing if Necessary
If they don’t pay, your lawyer can sue them. This is to let the insurance company know you mean business. Most of the time, this will suffice to get them to offer better.
What to Do If You’re Involved in a Truck Accident in Houston
Moving quickly after the accident assists your attorney in being able to build a stronger case. This is what you do:
- Seek medical care immediately. A small injury can be indicative of a severe injury.
- Report the accident to the police. Their report will provide valuable evidence.
- Gather facts. Take pictures of the scene of the accident, the truck, and road conditions.
- Do not talk to insurance adjusters. They’ll use your words against you.
- Contact a Houston truck accident lawyer. The sooner you start, the stronger your case will be.
Tactics Insurance Offices Use After a Truck Accident
Insurance firms have some tricks which they use to reduce settlements. Victims must know them:
- Making lowball offers initially. They want you to settle the case without assessing all your damages.
- Blaming you. They will place blame on you and tell you that you caused the accident.
- Makes frivolous forms. They use it to delay or misguide victims.
Your injury lawyer is aware of these strategies and countermands. Your lawyer is well acquainted with Texas insurance regulation and how to compel insurers to comply with it.
The Application of Evidence in Insurance Cases
Evidence drives insurance settlement negotiations. Your lawyer builds your case around solid evidence. Your lawyer may also hire experts—accident reconstructionists or doctors, for example—to support your case. The more evidence you provide, the harder it will be for the insurers to deny payment.
How Truck Accident Claims Are Affected by Texas Law
Texas does have some laws that affect truck accident claims:
- Comparative fault: In case you were at fault, your award will be reduced by the percentage of fault.
- Statute of limitations: You have two years from the time of the accident to file a claim.
- Commercial liability: Trucking organizations can be liable for the actions of their drivers.
A local Houston personal injury lawyer understands these laws. They use them to protect your rights.
When to Hire a Houston Truck Accident Lawyer
If you’re unsure whether to hire a lawyer, consider these signs:
- The insurance company denies your claim.
- You suffered serious injuries or lost income.
- Multiple parties are involved.
- You feel pressured to accept a low settlement.
Early engagement of an attorney can prevent costly mistakes. It also ensures that all of the deadlines are met and your claim remains enforceable.
Benefits of Employing a Houston Lawyer
Employing a local personal injury lawyer has numerous benefits:
- They are well acquainted with the Houston courts and insurance adjusters.
- They know local traffic laws and truck routes.
- They are capable of visiting the site of the accident and gathering on-site evidence.
- They can sit down with you one at a time and take you through each step.
An attorney in Houston also knows the thinking of Texas jurors, so if your case does end up going to trial, it will serve you well.
What You Can Expect Along the Way of Filing an Insurance Claim
Here’s what happens in most truck accident insurance claims:
- Consultation: You sit down with your lawyer and recount your experience.
- Investigation: The lawyer collects evidence and inspects insurance policies.
- Claim Filing: They present the claim to the liable insurers.
- Negotiation: The lawyer negotiates with adjusters and receives a satisfactory settlement.
- Trial or Settlement: Most settle out, but a few go to trial for complete recovery.
Your lawyer keeps you informed every step along the way so that you always know what’s happening.
How Lawyers Prove Fault in Truck Crashes
Tractor-trailer accidents can be due to speeding, fatigue, maintenance, or inattention by the driver. Your lawyer must determine how and why it happened.
They use:
- Black box data
- Witness statements
- Truck inspection reports
- Photos and videos
This data verifies the person at fault and supports your insurance claim.
Steering Clear of Mistakes That Can Harm Your Claim
Victims unwittingly sabotage their cases with minor mistakes. Avoid these:
- Speaking to the insurer before hiring an attorney
- Posting accident information on Facebook
- Missed doctor visits
- Ignoring medical advice
- Taking too long to file a claim
A Houston lawyer directs you away from these mistakes and keeps your claim going forward.
Compensation You Can Receive Following a Truck Accident
The victim may recover economic as well as non-economic losses, such as:
- Medical costs
- Lost wages
- Injured earning capacity
- Pain and suffering
- Emotional distress
- Vehicle repair or replacement
In the event of gross negligence being the cause of the crash, you are eligible for punitive damages.
Why Truck Wreck Claims Typically Require Legal Help
Truck firms and insurance firms both employ lawyers. Victims deserve the same. A Houston personal injury lawyer levels the playing field. They do the legal heavy lifting so you can focus on rehabilitation. Their expertise ensures you get at least what you’re worth.
Endnote
Truck accident insurance claims are unpleasant and hard. A Houston personal injury lawyer carries the weight, receiving you the best compensation. From gathering evidence to negotiating with insurance firms, they do it all while you recover.
If you or a loved one have been hurt in a truck accident, don’t battle the insurance firms alone. Call Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys today.
FAQs on Houston Truck Accident Insurance Claims
- How long does it take to settle a truck accident claim in Houston?
It depends. Simple cases are settled in months. Complex ones involving serious injuries or multiple insurance companies may take longer.
- What if the trucking company’s insurance company blames me?
Your lawyer will devise proof of the actual reason for the accident. Texas comparative fault law remains recoverable if you are less than 51% at fault.
- Do I have to pay a lawyer in advance?
Most Houston personal injury lawyers work on a contingency basis. You only pay if they win your case.
- Can I still make a claim if the driver was not a state resident?
Yes. Your Houston attorney can bring the case in Texas courts if the accident happened here.
- What if the insurance settlement is less than my medical bills?
Don’t accept it. Your attorney can negotiate for more or sue to get full recovery.
