How Long Do You Have to File an 18-Wheeler Accident Claim in Texas?

 In Texas, you generally have two years from the date of an 18-wheeler accident to file a personal injury lawsuit. If the crash caused a death, the wrongful death deadline is also two years from the date of death.

These deadlines are critical. Because if you wait too long, you could lose the right to seek compensation.

Why are 18-wheeler claims different?

Commercial trucks are much larger and heavier than passenger vehicles. Because of that, the injuries are also more serious.

These cases can also involve more than one responsible party. For example, the truck driver, trucking company, maintenance provider, cargo loader and repair contractor can all share responsibility for the accident.

Common causes of truck accidents include:

  • Driver fatigue
  • Brake failure
  • Distracted driving
  • Tire blowouts
  • Improperly secured cargo
  • Poor maintenance
  • Unsafe lane changes
  • Employer negligence

A Texas 18 wheeler truck accident attorney can investigate the accident and preserve important evidence, including:

  • Electronic logging device data
  • Black box or event data recorder information
  • Maintenance and inspection records
  • Driver qualification records
  • Scene photos
  • Dashcam or surveillance footage
  • Witness statements
  • Police reports
  • Medical records
  • Insurance communications

Trucking companies and insurers may try to deny fault. They may also downplay your injuries or blame you for the crash. And that is what makes securing all the evidence critical.

Should you wait until you know how bad your injuries are?

No. You should get medical care immediately and follow your treatment plan. Some injuries are obvious immediately, but others take time to appear. For example, brain injuries, back injuries and soft tissue injuries can get worse over the days or weeks after a crash.

You should not wait to get legal guidance either. A Houston auto accident attorney can start protecting evidence while your doctors continue evaluating your injuries. Waiting can make it harder to prove your case.

What if the insurance company calls you?

Be careful before speaking with the insurance company.

Trucking companies and insurers know that serious injury claims can be expensive. They may ask for a recorded statement or offer a settlement before you understand the full value of your claim.

Talk to an attorney before accepting anything. Because once you settle, you may not be able to ask for more money later. That can be problematic if your injuries get worse and your medical bills increase.

Talk to Chelsie King Garza, P.C., after a Texas truck accident

If you or someone you love was hurt in an 18-wheeler accident in Houston or anywhere in Texas, contact Chelsie King Garza, P.C. for a free consultation. Our attorneys have more than 20 years of experience helping injured people and families. 

 

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