Cole, Cole, Easley and Sciba Trial Attorneys can help you through the claims process if you’re injured in an accident with a large truck in Port Lavaca. Whether you’re driving down Highway 35, heading through town on Highway 87, or making your way toward the bayfront, sharing the road with a big rig truck is just part of everyday life in Port Lavaca. Most trips end without a second thought. But when you’re in an accident with one, the outcome is usually much more serious. We’re here to help you through it. Set up a free consultation today.
How Our Lawyers Can Help You After a Truck Accident
A truck accident follows the same basic claims process as a car accident, but that’s about where the similarities end. What makes these cases different is everything happening behind the scenes. It’s rarely just you and the truck driver. There’s the actual trucking company, sure, but there’s also cargo companies, maintenance contractors, and possibly even other drivers all rolled into one accident.
On top of that, there’s the actual damage itself. Trucks are so much bigger and heavier than regular cars that any type of collision—even small ones—usually results in much more serious injuries. That’s a lot for one person or family to take on while trying to get better. So it’s not surprising that talking to our team makes a lot of sense after a truck accident. When you do, we can help you by:
- Getting to the bottom of what caused the accident
- Figuring out who’s actually responsible for your injuries
- Tracking down the evidence before it has a chance to disappear
- Handling the trucking company and the insurance company for you
- Making sure every dollar of your losses is accounted for
- Keeping you informed so you’re never left wondering what happens next
After a truck accident, it’s easy to assume the evidence speaks for itself. Unfortunately, that’s rarely how these types of situations work. There are always unanswered questions and information that’s hard to come by. We take all that on for you, giving you the space to focus on getting better.
Information That Can Help a Truck Accident Claim
Truck accident claims usually come down to one thing: what you can prove. The problem is that proving what happened isn’t always easy because a lot of the information that helps a truck accident claim is controlled by the trucking company itself.
But that doesn’t mean all is lost. There’s things you have access to that can help, although nothing is more important than your health and safety. So before you start looking for things, you need to:
- Call 911 and report the accident. This gets police and an ambulance to the scene. That’s a big step toward getting medical help for your injuries and documenting what happened.
Once you do that, there’s a few things you can get that will help get the ball rolling on a potential claim, like:
- Pictures/videos of the accident scene, vehicle damage, skid marks, debris, road conditions, and any visible injuries.
- The truck driver’s contact and insurance information, along with the trucking company’s name and any DOT or license plate information.
- Names and phone numbers for anyone who saw the accident happen.
- Notes about what you remember, including the weather, traffic conditions, and anything you noticed before the collision.
That’s just what you can gather at the scene. Over the next few days and weeks, it’s also helpful to keep track of things like:
- Medical records and treatment plans
- Bills for hospital visits, prescriptions, physical therapy, and follow-up care
- Receipts for towing, rental cars, and vehicle repairs
- Documentation showing the work you’ve missed
- Video from nearby traffic cams, dashcams, or cell phones
- Emails and letters from insurance companies
- A journal describing your recovery, pain levels, physical limitations, and how your injuries are affecting your everyday life
Don’t forget, there’s extremely important information that’s controlled by the trucking company. It’s often these things that tell the real story, and while you can’t just get them by asking, we know how to use subpoenas and other methods to make sure you do. It usually comes from:
- Black box data
- Driver logbooks
- Hours-of-service records
- GPS data
- Maintenance records
- Inspection reports
- Cargo loading documents
- Driver qualification files
Remember, your first priority is getting medical care. If you’re seriously hurt, don’t worry about trying to also get these things. Once you’re safe, our team can step in and help get much of the information needed to build your claim. But there’s another part of the equation, and that’s looking at the specifics.
Where and How Truck Accidents Happen in Port Lavaca
Truck accidents can happen anywhere trucks and regular vehicles share the road. And Port Lavaca has plenty of places where that happens every day. In fact, truck traffic is so common here that the city government has actually designated a few of the main roads as truck routes. They include:
- State Highway 35 throughout the city limits
- S. Highway 87 from the north end of town to Alcoa Drive
- FM 1090 from Highway 35 north
- State Highway 238 from Alcoa Drive south
- FM 3084 throughout Port Lavaca
And because the city also recognizes the problems that can come with truck accidents, they also designate a few roads as restricted to heavy trucks here:
- S. Highway 87 from Alcoa Drive south to Commerce Street
- FM 1090 from Highway 35 south
- State Highway 238 from U.S. Highway 35 south to Alcoa Drive
So while that gives you a better idea of where truck accidents might and might not happen, it still doesn’t necessarily tell you how. As you might expect, though, there’s different types of accidents based on the conditions and circumstances:
- Rear-end collisions when the truck can’t slow down in time
- Jackknife accidents when a truck’s trailer swings out from behind the cab, often because of sudden braking, slippery roads, or a loss of control
- Underride accidents, where a smaller car can slide underneath the back or side of a truck
- Rollover accidents that happen when weight shifts or a driver takes a turn too quickly
Remember, this is only an overview of the different kinds of truck accidents. The particulars of your accident are going to be unique to your situation.
Who Pays for Damages After a Truck Accident?
One of the biggest differences between a truck accident and a typical car accident is figuring out who’s actually responsible. Sometimes it’s obvious. Other times, it isn’t.
Sure, the truck driver may have been careless or reckless, but that doesn’t automatically mean they’re the only one who can be held responsible. There’s a lot of moving parts with driving a truck. Trucking companies have to hire qualified drivers, inspect their vehicles, maintain their equipment, and follow state and federal safety requirements. If they cut corners anywhere along the way, they may share responsibility too.
Outside of all that, it also depends on the specifics of what caused your accident. One way or the other, though, legal responsibility for your damages may fall on:
- The truck driver and trucking company. Speeding, distracted driving, fatigue, overloaded schedules, or violations of trucking regulations can all play a role.
- A maintenance company. If poor repairs or missed inspections contributed to the accident, the company responsible for maintaining the truck may also be liable.
- The truck or parts manufacturer. Defective brakes, tires, steering components, or other equipment failures sometimes lead to serious accidents.
- A cargo loading company. Improperly loaded or unsecured cargo can shift during transport, making a truck much harder to control.
- A government agency. Poor road maintenance, missing signs, or dangerous roadway conditions can sometimes contribute to an accident.
- Another driver. Sometimes another driver’s actions set off the chain of events that leads to a collision because the truck couldn’t stop or maneuver in time.
The important thing isn’t just finding everyone who might be responsible. It’s figuring out exactly how the accident happened before evidence disappears and people start pointing fingers at each other.
Damages That Are Available in a Truck Accident Claim
This is what really separates a truck accident from other types of accidents. At the same time, though, the actual way you get damages—filing an injury claim—works much like a normal car accident. You can either:
- Go through insurance outside of court
- File a personal injury lawsuit
One difference is that there can be several insurance companies involved in a truck accident. It’s not just the trucking company. It might also involve a company that loaded the cargo or a company contracted to handle maintenance. The more insurance companies get involved, the more fingers get pointed. That can stretch things out and make an already difficult situation even more confusing.
If that’s what happens, you can file a lawsuit in civil court. Depending on the circumstances, that may allow you to pursue damages such as:
- Current and future medical bills
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Loss of companionship in certain cases
- Funeral and burial expenses in fatal accidents
Texas generally gives you two years to file a claim after an accident. Wrongful death claims are also generally subject to a two-year deadline, although exceptions can apply. That might seem like plenty of time, but it can take a long time to untangle liability and gather the evidence you need. The sooner you decide to move forward, the easier things can be.
Frequently Asked Questions
What if I don’t know what caused my truck accident?
You don’t always know what caused a truck accident right away. There may be several vehicles, drivers, or companies involved. Things like truck data, driver logs, maintenance records, witness statements, and evidence from the scene can help piece together what happened.
What if the truck driver or trucking company is from out of state?
That doesn’t mean you can’t file a claim. A truck passing through Port Lavaca may be connected to a company based elsewhere in Texas or even another state. If the driver, trucking company, or another party caused the accident, they may still be responsible for your injuries.
How much could I recover from a truck accident?
It depends on what happened and how seriously you were hurt. Your injuries, medical bills, lost wages, vehicle damage, and who caused the crash can all affect the value of your claim. There’s no set dollar amount for every truck accident case.
Contact Our Port Lavaca Truck Accident Lawyers
Sharing the road with big rig trucks is just a part of life in Port Lavaca. But that familiarity doesn’t make an accident any less serious when you’re the one who gets hurt.
At Cole, Cole, Easley, and Sciba Trial Attorneys, we understand how damaging truck accidents can be, and we’ll be there to help you through the claims process. Set up a free consultation today to get started.
