Accidents between passenger cars and semi trucks are often some of the most severe. The size and weight of semi-trucks increase the odds that a collision will result in severe injuries. Furthermore, truckers work long hours, often drive through unfavorable weather conditions, and the length and width of semi-trucks reduce driver visibility.
If you have been involved in an accident with a semi-truck, contact Shaw Cowart LLP today for help from our team of experienced personal injury lawyers. Contact us to schedule your free consultation.
Shaw Cowart Can Assist with Your Claim
The attorneys at Shaw Cowart, LLP, understand how devastating these types of collisions can be. Our attorneys have extensive experience working with individuals impacted by semi-truck collisions.
At Shaw Cowart, we believe you deserve full compensation for your loss and work tirelessly to ensure you receive what you are owed. We understand the struggles facing those injured in car accidents and are deeply familiar with how the law and insurance claims process work.
Because each client’s case is unique, we take the time to understand the facts of your case. This investigatory process includes assessing relevant evidence which may include:
- Evaluating police reports
- Interviewing witnesses
- Dashcam footage
- Log books
- Black box data
- Maintenance records
- Other records related to complying with state and federal trucking regulations
If you or a loved one have been hurt in an accident involving a commercial vehicle, we can help. Call today for a free and confidential case evaluation. This evaluation will assist you in understanding your claim, and the legal options available to recover from your loss.
Establishing Driver Fault
Before plaintiffs can recover, they must establish legal liability. This means establishing another driver was liable for the injuries caused in the accident. In Texas, plaintiffs seeking to prove liability for monetary damages from personal injuries – including those caused by car accidents – must show the following elements are met:
- Duty: The defendant owes the plaintiff a duty to behave a certain way. All motorists owe each other a duty to use reasonable care when driving. This includes obeying traffic laws, paying attention, and avoiding distractions.
- Breach: The defendant failed to do his or her duty. This could involve breaking traffic laws, failing to pay attention, or engaging in distracted driving.
- Causation: The plaintiff’s injuries were caused by the defendant’s breach of duty. For example, if a defendant runs a red light and hits a plaintiff who was driving through the intersection, the plaintiff can establish the act of running the red light caused his or her injuries.
- Damages: The plaintiff must be able to show he or she suffered actual harm that can be compensated.
How Does Insurance Handle Claims?
Insurance handles claims by investigating the accident, assigning liability, and either declining the claim by refusing to pay damages or offering a settlement.
Although, by law, juries determine who is liable for injuries and property damage after a semi-truck accident, the vast majority of claims are settled outside of court. Practically speaking, this means insurance companies determine who is at fault. This determination of fault is extremely important because Texas law only allows plaintiffs to receive compensation if they are less than fifty percent responsible for the accident.
Because insurance companies look out for their bottom line, it is always best to consult an attorney before accepting any settlement offer. Contacting an attorney quickly after a semi-truck accident is ideal. This gives counsel the opportunity to thoroughly investigate the claim, potentially maximizing your compensation.
Common Injuries
While all drivers would prefer to avoid car accidents, semi-truck collisions are an inherent risk of using public roads. Unfortunately – when compared with crashes involving vehicles of other body types – the consequences of semi-truck accidents are far more likely to cause severe physical injuries and significant property damage.
Common physical injuries include:
- Neck, back, and/or shoulder pain from sudden and violent force
- Pinched nerves
- Spinal cord injuries
- Whiplash
- Concussion
- Traumatic brain injuries
In addition to sustaining severe physical injuries, semi-truck accidents can adversely affect mental health. Many people develop temporary or permanent symptoms of post-traumatic stress disorder (PTSD) after a severe collision. Anxiety and depression are also common and can result from the collision itself, as a coping mechanism to handle the physical injuries, or due to the inability to participate in activities of daily life.
It is common to assume injuries from car accidents are readily apparent, but this is incorrect. Sometimes it can take days – or even weeks – for symptoms of major injuries to surface after a car accident.
A Semi-truck Hit My Car. What Should I Do?
If you or a loved one are in a semi-truck accident, taking the following steps immediately following the collision is important to secure your best interests and preserve your safety.
- Call the police. Immediately calling the police is best practice in all car accidents, but it is sometimes required by law. In Texas, individuals involved in car accidents resulting in physical injuries, death, or severe vehicle damage, must “immediately by the quickest means of communication” notify local police.
- Seek medical care. It is important to immediately address any potential injuries.
- Consult an attorney. Contact an attorney to understand your legal options. An experienced lawyer will investigate your accident and help you build a strong case to obtain the compensation you deserve from insurance.
- Preserve all documents. Keep a copy of all documents relevant to your accident, including police reports, contact information for any witnesses, and medical records/bills.
Injured in a Semi-Truck Accident? Call Shaw Cowart TODAY
Suffering from a personal injury because of a semi-truck driver’s negligence causes stress, anxiety, and uncertainty.
Following a collision Shaw Cowart LLP can assist you in understanding your claim and legal options by investigating your car accident, assessing damages to yourself and your vehicle, and advocating for you to receive fair compensation for your loss.
Our attorneys understand the difficulty injured parties face in the aftermath of a car accident including the cumulative stress caused by simultaneously dealing with medical bills, insurance claims, lost wages, and recovery.
After a car accident, injured parties should focus on physical, and psychological recovery, not navigating complex legal claims. Shaw Cowart offers free and confidential claim evaluations to parties struggling with injuries from a car accident.
Don’t face your injuries alone. Contact Shaw Cowart today.