What You Need to Know About Truck Accident Damage Recovery

Tractor-tailer overturned

FAQs Answered By An Experienced Fort Worth Lawyer

After a truck accident, you have a lot of questions. As a Texas Board Certified Personal Injury Trial Attorney with 35 years of experience, I have dealt with almost every scenario imaginable involving truck and auto accidents. 

I want to answer some commonly asked questions about how to recovery financial damages after a tractor-trailer or commercial truck accident. For more detailed answers about your individual case, schedule a complimentary meeting with me at my Dallas-Fort Worth law office.

Should I sue the commercial driver who ran into me?

The driver may be liable for his negligence for speeding, recklessly changing lanes or using a cell phone or texting while driving, and other possible actions. In these situations, his company may also be liable (see below).

We encourage you to discuss your case with a personal injury lawyer to determine whether a lawsuit is your best option. Who, where, and why you can sue, and how much money you might recover in damages,depends upon the facts of your individual case. 

Is the trucking company liable for the driver’s negligence?

Often the trucking company is also liable for its driver’s negligence. For example, the truck corporation may have hired an inexperienced driver or a driver with a history of traffic violations. Or, the company may have tolerated use of a cell phone or flaunting of the hours of service regulations. Furthermore, the company may have loaded the truck improperly or allowed it to fall into disrepair. We see this all the time.

Am I still entitled to compensation if the accident was my fault?

It depends. You may still be entitled to compensation even if you were partially responsible for the trucking accident. Your attorney can analyze the facts and advise you whether you have a valid claim.

The insurance agency has offered me a settlement. Should I take it?

No, not without first consulting with an experienced lawyer. The insurance company will require you to sign a waiver as part of your settlement. The waiver means you forfeit your rights to pursue further compensation. You need to be sure you are getting the full amount you are entitled to before signing anything. 

Will my case go to trial?

It might, but most law firms are able to settle many truck accident cases after thorough investigation, filing suit, and negotiating. However we always prepare each claim as though we are going to trial. This is important because we are ready to take a case before a jury should the insurance companies and defendants fail to agree to fair compensation. In addition, our reputation for preparation gives us an advantage during negotiations.

How much money should I expect to receive for my injuries?

Every case is different, and it is impossible to determine how much your claim is worth without looking carefully at the facts. The amount of money you should expect depends upon the severity and type of injury you suffer, the degree to which you and other parties are to blame for the crash and your actual losses in wages, physical disability, pain and suffering and other damages.

Do I need a personal injury lawyer?

Tractor-trailer and other commercial truck accident claims can be extremely complex. A qualified lawyer knows what to look for in the evidence, how to negotiate with insurance companies, and when to take a claim to trial. 

What if I cannot afford to hire an attorney?

Berenson Injury Law takes truck claims on a contingency fee basis. What this means is that you do not pay attorney’s fees until we recover compensation for you through settlement or trial. In the unlikely case we do not recover anything, you do not owe us anything. You can learn more about our fee arrangements and your options during a free case evaluation.

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