If I’m injured in a truck accident, who can I sue?
By GNGF on January 20th, 2023 in
If you are injured in a truck accident, you are entitled to recover all of your past and future medical bills, lost wages, and a significant sum for pain, suffering, and other harms and losses. If the company and its insurer are not willing to fairly pay you in a settlement, a good lawyer is ready, willing, and able to take your case to trial. Our firm regularly files lawsuits against companies whose drivers negligently injure our clients to help ensure that our clients are paid fairly for their injuries.
Truck accidents are often very complex for two reasons. First is the fact that those in smaller passenger vehicles hit by a large commercial truck are likely to suffer severe, even catastrophic injuries, including traumatic brain injuries and spinal cord injuries. The second reason truck accidents are complex is that there is often more than one liable party. The truck driver could be responsible for the accident if they were impaired, overly fatigued, distracted, or driving carelessly. If the truck accident was caused by a driver who was not properly trained or because the trucking company did not do a thorough background check, then the trucking company could also be held liable.
If the driver exceeded his or her allowable hours and the accident was caused as a result of too many hours behind the wheel, both the driver and the trucking company could be held liable. Since the truck driver is unlikely to have sufficient assets that would make suing profitable, it’s usually the trucking company that is sued for anything having to do with the driver. If the accident was caused by improperly loaded cargo that shifted or fell off the truck, then the loading company could be held liable.
If the accident was the result of poor maintenance, then the maintenance company could bear some of the liability, particularly if bald tires or defective brakes were the cause of the accident. In some cases, a defective truck part is responsible for the accident, in which case, the manufacturer of the part could be held liable. All of these issues make truck accidents much more difficult, requiring a highly experienced personal injury attorney who knows who to hold responsible and how to secure a full and fair settlement.
How long do I have to file a claim for an 18-wheeler accident?
Each state sets its own statutes of limitations. This is the amount of time individuals have to file a civil suit, like a personal injury claim, against the liable party. The purpose of these statutes is to ensure that evidence does not go missing and that witnesses to the accident do not disappear or forget what happened.
The statutes also ensure that the defendant does not have to worry about a lawsuit forever. The statutes vary from state to state, from one year to more than ten years. If you miss your window of opportunity and the statutes have passed, you will be forever barred from bringing a claim against the liable party.
In Texas, the statute of limitations for filing a lawsuit against a trucking company involving an 18-Wheeler is 2 years. In New Mexico, the statute of limitations to bring a lawsuit involving an 18-Wheeler is 3 years. It is imperative that you hire a lawyer as soon as possible after the accident to help ensure that all evidence of a crash is properly preserved.
How the Harmonson Law Firm with Offices in El Paso, TX and Las Cruces, NM Can Help If You’re Injured in a Truck Accident
The Harmonson Law Firm has handled many truck accidents, so we are well aware of the complexities associated with truck accidents and know how to build a case on your behalf that will maximize the chances of a positive outcome. Attorneys Clark Harmonson and Hadley Huchton are laser-focused on personal injury and medical malpractice claims and have dealt with these areas of the law for many years. At the Harmonson Law Firm, we understand that you may be severely injured, perhaps unable to return to work and make a living. You may be facing years of medical interventions and rehabilitative therapies and may never be able to return to the life you had prior to the truck accident.
We have compassion for your situation and will work zealously to ensure you receive an equitable settlement that fully covers all your damages. In short, we will work tirelessly to ensure you get the best possible outcome following your truck accident. While we understand that you have many truck accident attorney choices, we believe once you have talked to us at Harmonson Law Firm you will be convinced we are well-suited to handle your truck accident claim. Contact Harmonson Law Firm today for a comprehensive evaluation of your truck accident. Please note that nothing herein is meant as legal advice specifically related to your case.
