BEAUMONT TRUCK ACCIDENT LAWYERS
The Monk Law Firm has a truck accident attorney who's conversant with the state's personal injury laws as well as DOT and FMCSA regulations. We meet those who have been involved in truck, semi-truck, and 18-wheeler accidents, and we strive to get them the necessary compensation from the responsible party or parties.
Compensation for Injuries
The most common injuries that out truck accident lawyer sees are catastrophic injuries. These include burns, brain injuries, spinal cord injuries, paralysis, and hearing loss. Since they have long-term effects, it's usually not enough to be compensated for the medical bills and a couple weeks' worth of lost wages. If rehabilitative care is required, we can include this among the damages.
Clients often file a claim based on lost earning capacity; if successful, they're awarded the amount that they would have earned if their physical abilities had not been compromised. We also help clients file for compensation because of lost job opportunities.
Compensation in Cases of Death
In America, 1 in every 8 traffic fatalities are caused by trucks. Clients who have lost a loved one in this way can come to our truck accident law firm for assistance with filing a wrongful death lawsuit. As with personal injury cases, it must be filed within the statute of limitations, which is two years from the date of the accident in Texas. Limitations may be shorter in states such as Louisiana and run as quick as one year from the date of the accident.
The damages that a client maybe entitled to include, but are not limited to, pain and suffering, funeral and burial expenses, and loss of support. Other elements of damage may be recoverable and it is best to seek the advice of an attorney so that all elements of damage are included.
Investigating the Cause of the Truck Accident
While insurance companies may want to hear a version of the events that's favorable for their carrier, our truck accident attorney simply desires the truth. The truth is that most truck and 18-wheeler accidents are caused by negligence; the truck driver may have been inattentive, fatigued, speeding, or driving under the influence of drugs or alcohol. Some negligent actions, such as having a poorly maintained truck, are considered violations of the standards laid down by the FMCSA, or Federal Motor Carrier Safety Administration, which regulates the commercial trucking industry.
If mechanical failure was the possible cause of an accident, our practice will see to it that the truck's brakes, lights, steering, tires, and other components are carefully inspected. We may even be able to hold the trucking company responsible for not enforcing the FMCSA standards strictly enough.
The company to which the truck belongs may also share the blame by encouraging reckless driving practices for the sake of meeting deadlines. In cases like this, we may be able to help clients sue for punitive damages.
Crucial Steps in Filing a Claim
The first step our truck accident law firm will take is establishing fault. This is particularly important because of the state's shared fault rules; if the fault isn't clearly on one side or the other, liability is shared, and an insurance adjuster gets to decide the percentage of fault. If the injured party is held to be at least 51% responsible for the accident, he or she will receive no compensation.
We then compile the essential documents like letters from the client's doctor and employer, a copy of the police report, and even last year's tax returns because this can help establish a specific amount for lost work wages.
Special attention is required at early stages of the claim to preserve evidence from large commercial carriers. In commercial trucking cases, preservation of evidence is crucial. Commercial drivers' log books, vehicle maintenance records, a vehicle inspection, and other crucial information, including stored data on the truck itself, may be lost if proper steps are not taken as soon as possible after a collision with an 18-wheeler or other commercial vehicle has occurred.
Give Us a Call
Whether your case involves a personal injury or a wrongful death, we know that you're going through a stressful time. The Monk Law Firm will discuss your case with you; determine the extent of the damages; establish the fault of the other driver and, perhaps, the trucking company; and file a claim based on how grievously the driver's actions breached state and corporate safety standards. We'll negotiate with the insurance companies with your best interests in mind. Our truck accident lawyer will strive for a resolution of your claim before suit is necessary, but if that's not possible, we'll litigate for you. Give us a call to get started.