Texas has a statute of limitations outlining that following a truck accident, you have a certain period to file a personal injury lawsuit. Generally, this time frame is two years from the date of your accident.
In general, if you don’t follow these guidelines, there’s a risk of losing your chance to be compensated for your injuries, even if the other driver is at fault. This is why it’s important to contact a personal injury attorney to file your claim quickly and not wait for days or weeks after a truck accident collision. Avoid the risk of a statute of limitations violation by hiring a reputable Texas truck accident lawyer to help with your case.
How Long Do You Have to File a Truck Accident Claim?
As mentioned, there’s a two-year statute of limitations under Texas law for negligence claims. This means that if you sustain an injury in a truck collision, you’ll have these two years starting from the date of your accident to file your lawsuit. If you don’t file your lawsuit before this time frame expires, it may lead to the dismissal of your case. While it may seem that two years is a long time, you’ll want to act quickly. The evidence that helps support your truck accident case is time sensitive. The quicker you begin the investigation process, the better chance of finding helpful evidence.
It’s essential to note that while you have two years from the date of your truck accident to file a lawsuit, the preservation of evidence process and the claim should start long before the expiration date of this period and immediately after the collision. Another very important factor for not waiting to contact an attorney is the locating and interviewing of witnesses.
Because of this, you should hire an experienced truck accident attorney who will send vital letters to the truck company and their insurance company as soon as possible, including representation and preservation letters as well as a request for them to be able to inspect the truck. The skilled lawyer will also be able to gather qualified experts to perform this inspection.
What if the Truck Accident Involved a Texas Government or Emergency Vehicle?
If your truck crash involved a state government employee who was on the clock or a government-owned vehicle, it will reduce the time you have to file your claim even more. Under the Texas Tort Claims Act, your Texas truck accident attorney must serve written notice of the injuries you sustained, any facts of the case, and any evidence against the agency within six months of the crash. If your collision involved a county, state, or city agency, it’s vital you contact a knowledgeable truck collision attorney right away.
What if You Have a Love One Who Died in a Truck Collision?
If a negligent truck driver causes the death of a family member, your truck accident attorney in Texas will help you hold the truck agency financially liable for certain damages. Similar to other types of truck collision cases, you still have the two-year statute of limitations time frame to file your suit against the trucking agency for wrongful death.
The Risks of Noncompliance
As noted, there are significant consequences of a statute of limitations noncompliance.
If your case may be dismissed with prejudice, it will cause you to lose out on any future ability to pursue it again. There may be certain circumstances where you’ll be able to pursue your case following the two-year time frame, even if you have a strong underlying case for liability.
The Truck Accident Claim Filing Process
Many individuals believe that attorneys take all personal injury cases to court. However, this isn’t true. Only 4% or 5% of civil claims actually end up in court. Often, personal injury attorneys push to negotiate claims outside of the courtroom.
Typical steps a truck collision attorney takes after receiving your call are:
1. Investigate the Accident Scene and Collect Evidence
Any time you file a truck crash injury claim, you’ll need to prove the other truck driver was at fault for the accident. This will require collecting and analyzing evidence. Your Texas truck accident lawyer will start by:
- Taking witness statements
- Reviewing the police accident report
- Obtaining any available camera/video footage
They’ll also look at medical information pertaining to your injuries and work with an accident reconstruction team.
2. File a Claim With the Insurance Company
Since truck accidents often involve more than a single insurer, claims are often complex. In some cases, the truck driver is solely at fault. In other cases, another driver, the trucking company, or a municipality may also bear some of the liability for your injuries. An experienced truck accident attorney will collect the information needed to send the insurance companies a demand for settlement so you can seek and recover compensation for your pain and suffering, lost wages, medical bills, and other losses associated with the collision.
3. Negotiate a Settlement With the Insurer
After the insurance company receives your claim information, they will evaluate the claim and may make an initial offer. Your experienced attorney will then make attempts at negotiating with the insurance company to get you a fair and reasonable offer of settlement.
4. If Negotiations Fail
If the insurer refuses to pay a fair settlement to you and the settlement discussions break down, your attorney will then discuss with you the options of filing a lawsuit. Many factors go into making this decision, and you should be involved in that process. May take the case to court. It may take some time to get a court date since Texas courts are busy. Because taking a case to trial is complex, your truck accident lawyer will be prepared to fight every step of the way from the beginning of your case to when the jury hears the case.
Contact the Skilled Texas Truck Accident Lawyer Dale Rose to Schedule a Free Consultation Today
If you’ve sustained injuries in a commercial truck collision, you shouldn’t attempt to pursue a legal claim by yourself. With the help of Dale R. Rose, PLLC, you could recover fair compensation for your injuries and other losses.
Working with a knowledgeable truck accident attorney like Dale Rose protects you from the tricks that insurance companies often play. Keep in mind, the insurance companies you’ll face have their own legal team advising them. By hiring an experienced attorney, you level the playing field, and your best interests are top priority. Call Dale Rose today at (972) 634-ROSE (7673) or complete our contact form to schedule your free consultation and case review.