How Long do Truck Accident Cases Take to Settle in Texas?

Being involved in an accident with a large truck can be a confusing and scary experience. The most important thing that any truck accident victim needs to do is seek medical treatment as soon as possible. Unfortunately, truck versus passenger vehicle crashes often result in severe injuries. After the immediate emergency is over, victims often wonder how long it will take for their truck accident case to settle in Texas. Unfortunately, there is no clear cut answer to how long it will take a truck accident case to settle. This is one of the most important things you need to discuss with your Texas truck accident lawyer as soon as possible. An experienced attorney will have in-depth knowledge about this process and will be able to give you a general idea of what you can expect for your particular case.

What Is the Timeline for a Truck Accident Case in Texas?

The reality is that Texas truck accidents are all unique and every case is different. Because no two cases are alike, there is no way to give an accident victim a definitive timeline for their particular truck accident claim. Every case plays out according to the facts and circumstances related to each particular situation. Additionally, a large part of the timeline for these cases revolves around whether or not the personal injury claim is resolved through a settlement offer with insurance companies, or if it is necessary to file a personal injury lawsuit.

If the Case Is Resolved Through Insurance Carriers

There will likely be multiple insurance carriers involved in the aftermath of a crash involving a large commercial truck in Texas. This includes the insurance company of any traditional passenger vehicle drivers as well as the insurance company of the truck driver and commercial trucking company. In general, most vehicle accident cases are resolved through insurance coverage and their carriers, but accidents involving trucks can become complicated, particularly if there are extensive injuries or property damage. If everything goes smoothly, a large truck crash victim can see their case is settled within a few weeks. However, this is a best-case, ideal time frame.

If the Case is Resolved Through a Personal Injury Lawsuit

If the insurance company of the truck driver or trucking company refuses to offer a fair settlement or denies a claim altogether, it will be necessary for the injury victim and their attorney to file a personal injury lawsuit against the company and their insurance company. Once a lawsuit is filed, it will officially enter the civil court system in Texas. At this point, you can be certain that the ideal “couple of weeks” time frame is no longer in play. Attorneys on both sides will conduct investigations, and there will be a discovery process in which both sides exchanged evidence and question witnesses. However, throughout the personal injury lawsuit process, attorneys from law firms will continue negotiations. This may be done informally or through a formal mediation process. Even though a lawsuit may be filed, it is still likely that an injury claim will be settled before the case goes to a full jury. Even so, it could take months or more than a year for this process to play out and for an injury victim to receive a settlement. Still, if no settlement can be reached, and the case needs to go to a jury trial, it could take more than a year or two for a final settlement or jury verdict to be handed down.

What to Expect During a Truck Accident Settlement

If you or somebody you love has been injured in an accident caused by the careless or negligent actions of a truck driver or trucking company, you may be entitled to compensation for your losses. However, the truck accident settlement process can become complex. The truck accident attorneys at Mike Love & Associates, LLC want to discuss what clients can expect during the truck accident settlement process and what types of compensation victims can expect to receive in these cases.

What is a truck accident settlement?

Legal settlements are arranged in a truck accident case when all parties to the litigation reach an agreement outside of court. It should be noted that most truck accident cases are settled before they go to trial. Sometimes, the truck accident case will even be settled before a lawsuit is filed (through insurance carriers).

How can a truck accident settlement benefit you?

Reaching a settlement before a case goes to trial is almost always going to be cheaper and happen much quicker than seeking a resolution in court. The settlement process is typically going to be less adversarial than courtroom litigation because neither party is going to have to admit fault on the public record. In cases when both parties are less defensive, their legal teams will be more likely to calmly and logically discuss the issues involved in order to reach a settlement agreement. A settlement is guaranteed compensation for a truck accident victim, whereas there are no guarantees of compensation when taking a case to trial.

Are there downsides to a truck accident settlement?

While a settlement will typically allow for a victim to receive compensation quicker than going through a full trial, the reality is that there are various downsides that you and your attorney need to be aware of concerning a truck accident settlement.

• You (the plaintiff) will lose the right to pursue any further legal claims relating to the truck accident or your injuries after you receive your settlement.
• A settlement agreement may be much less than what the plaintiff would have received by going to trial.
• A settlement means that the negligent parties in these cases will not be held liable for their actions through a public venue.

Types of settlements in these cases

When a settlement has been reached between two parties in a truck accident case, there are two basic ways that the compensation will be paid out to the plaintiff. This can include a structured settlement in which the plaintiff will receive regular payments for a pre-determined amount of time (typically monthly payments). A plaintiff may also receive one lump-sum payment in which the total amount agreed upon in the settlement is paid all at once.Regardless of how you receive your settlement, personal injury settlements and jury verdicts are typically not taxed by the IRS (with the exception of punitive damages if they are awarded). Another factor to consider in these cases is attorney fees, which will likely be taken as an agreed-upon percentage of the final settlement amount.

What kind of compensation is available?

If you or somebody you love has been injured in a truck accident, there may be various types of compensation available for your case. While no two truck accident settlements are the same, the team at Mike Love & Associates, LLC is regularly able to help clients recover the following:

• Coverage of all truck accident-related medical bills
• Any household expenses the victim incurs due to the incident
• Lost wages and benefits if a victim cannot work while they recover
• Loss of personal enjoyment damages
• Pain and suffering damages

The importance of working with a skilled Clear Lake truck accident lawyer in these cases cannot be overstated. You can contact us for a free consultation of your case by clicking here or calling us at (936) 632-2000.

Are Trucking Companies Required to Compensate Families of Fatal Accidents?

Large commercial trucks are a vital part of the economy in the United States and here in Texas. There are hundreds of thousands of these vehicles on the roadways. However, due to their size and weight, large trucks can present major hazards to those in traditional passenger vehicles. It is not uncommon for an accident involving a large truck to result in serious injuries or fatalities. For families that have lost a loved one in a trucking accident in Texas, they need to know whether or not trucking companies are required to provide compensation for their loss.

Texas wrongful death claims and truck accidents

Wrongful death claims in Texas make it possible for family members of those killed due to the careless or negligent actions of another person, company, or entity to recover compensation for their loss. In order for family members to successfully recover compensation from a trucking company after the death of a loved one, it will need to be shown that the trucking company’s negligence led to the death. There are various ways in which a trucking company could be held accountable for a person’s death in the aftermath of an accident.

• Driver negligence. If the careless or negligent actions of a truck driver caused the fatal accident, the trucking company may be held liable (this is called “vicarious liability”). Trucking companies are responsible for the actions of those they employ. A truck driver or company could be held liable if the driver failed to follow traffic laws, disobeyed federal hours of service requirements, or drove while impaired or distracted.
• Maintenance failure. All truck owners and operators are required to regularly inspect and maintain their vehicles. If they fail to do so, part of the truck could fail and lead to a serious accident on the roadway.
• Hiring and training practices. Truck owners and operators must practice appropriate hiring practices. They should ensure that every driver has their commercial driver’s license and that they are properly trained on each vehicle they are asked to operate.
• Weight requirements. Depending on the type of truck, there are various maximum weight loads the vehicle may carry. Overloading a truck is dangerous, but there are times when drivers or companies do so to carry extra cargo and make extra profit. This is illegal and can lead to serious and fatal accidents.

What type of compensation is available in these cases?

There are various types of compensation available to family members of those killed due to the negligent actions of another person. This can include both economic and non-economic damages, such as the following:

• Lost earning capacity
• Funeral and burial expenses
• Emotional and mental anguish, pain, and suffering
• Lost companionship, love, comfort, and society the deceased would have provided
• Lost care, services, support, maintenance, and counsel that the deceased would have provided to their surviving family members
• Lost inheritance, including what the deceased would likely have saved to be left to family members if they had lived a normal life expectancy

Family members of victims of those killed in a Texas truck accident are required to file a lawsuit within two years from the date the person died if they want to receive compensation. If you have lost a loved one in a truck accident, you should speak to a qualified attorney about your case as soon as possible in order to ensure you receive maximum compensation.

What Is The Correct Way To Report A Car Accident In Texas?

Nobody wants to get into a car accident. Unfortunately, car accidents in Texas are not uncommon. According to the state Department of Transportation, there are more than 249,000 traffic crash injuries and 3,639 traffic crash fatalities occurred during the latest reporting year across Texas. It is vital that anybody involved in a car accident understands the correct way to report the incident in the state.

Am I required to report the incident to the police?

It is highly recommended that you report every accident it occurs to the police, no matter how small. Under Texas law, drivers are required to report a car accident to the police if:

• The incident results in property damage exceeding $1,000
• Anyone his injured in the incident
• Anyone is killed in the incident

A failure to report a car accident that involves any of the above thresholds can result in a fine of up to $5,000 and/or imprisonment.If you have any doubt about whether or not a car accident you have been in is reportable under the law, call the police so there will be an official record of the incident. The easiest way to do this is to simply dial 911 and let the dispatcher know where the accident occurred and whether or not anybody is injured.

How will reporting the incident help you?

It is not uncommon for anybody involved in an accident to be in shock initially after the incident happens. Drivers and passengers may not be thinking clearly. It may be the case that the at-fault driver offers to pay out-of-pocket for any damages they caused in order to get you to not report the accident to the police or the insurance company. It could be tempting to accept this offer, especially if there is minimal damage and there are no visible injuries.However, accepting an offer like this and not making a report could result in major consequences for you. It is important to understand that many car wrecks injuries are masked by the rush of adrenaline a person experiences in the immediate aftermath of the crash. The signs and symptoms of some injuries do not occur for hours or even days after the accident. If you have left the scene without making a report only to later realize you are injured, complications can arise. Filing a car accident several days later, after injuries appear, will raise questions about why you did not make a report when the accident happened. This will make it more difficult to prove that the accident caused your injuries.Another reason to report an even seemingly minor accident is that property damage to a vehicle can be deceiving. What may look like a small dent in a bumper may actually be several thousand dollars worth of damage, particularly if the body of the car, the chassis, or other internal parts have been damaged.Having a police report will be invaluable when it comes to securing a settlement for injury or property damage expenses. The police officer will make a determination as to which party was at fault, and this information can be used by your insurance carrier or in a personal injury lawsuit. Be sure to ask the police officer at the scene how to obtain an official police report. Typically, these reports will be available a few weeks after the accident occurs.

Fatality Crash Involving 18 Wheeler on 1669 Demonstrates Importance of Trucking Safety Rules

The Texas Department of Public Safety is still investigating a fatality crash that occurred May 15^th on FM 1669 just north of Huntington. Initial reports state that an 18 Wheeler carrying oil field equipment lost control of an unsecured load causing the heavy equipment to strike a pickup truck being driven by Jeremy Johnson, 38, of Mineral Wells.  Tragically, Mr. Johnson was pronounced dead at the scene by Angelina County Justice of the Peace Pct. 3 Pat Grimes Grubbs.

Sadly, this is another example of a preventable crash taking a life on Texas roadways. Contrary to what many may think, most professional trucking companies, and drivers, are true professionals who follow the rules, take their work seriously and put safety first. Unfortunately, when trucking companies don’t follow the rules, and don’t put safety first, the results can be catastrophic.

In trucking crash litigation, this is what attorneys refer to as a “systems failure crash” because the root cause of the crash occurred long before the actual crash.  In this case for example, there are multiple trucking industry safety rules that must have been violated to allow this crash to occur.  There are specific rules about how loads must be secured before being transported on the highway including the type and strength of straps and/or chains and the manner they are secured.  The truck, trailer and load must be checked again before the truck gets on the highway, and then, depending on the type of load, the driver may be required to stop after the first 15 minutes of driving to check the load again.  

Trucking companies are required to train their drivers on these safety rules and put procedures in place to make sure the drivers understand and follow all safety “rules of the road”.  According to initial reports, the oilfield equipment being transported was “unsecured”. When trucking companies ignore established safety rules, training and procedures the results can be devastating and tragic.

Mike Love
Mike Love & Associates LLC
202 E. Lufkin Ave.
Lufkin Texas 75901
Ph. 936.632.2000
WWW.TexasLawOffice.com

Mr. Love’s firm represents clients injured in 18 Wheeler crashes nationwide and has been a featured speaker for the Texas State Bar Seminar on Prosecuting Trucking and Auto Crash Cases since 2014.  Mr. Love is a Board Member and Sustaining Member of the Texas Trial Lawyers Association. If you are a family member have been seriously injured in an 18 Wheeler crash, you can contact the firm at 936-632-2000.