A truck accident lawyer is a personal injury attorney who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of the truck driver or fleet operator. Truck accident attorneys practice tort law and prove liability by establishing that the liable party was negligent, vicariously liable, or negligent per se. These attorneys are familiar with the federal and state laws regulating the trucking injury that establish the safety standards commercial truck drivers and fleet operators must follow. By limiting the range of cases they handle, truck accident attorneys are able to acquire specialized knowledge and experience.

When involved in a truck accident here in Austin, Texas you should always hire and attorney to help you pursue the compensation you deserve. Big rig and large truck accidents aren't like car accident cases and require an attorney extensive experience in the complex realm of commercial trucking. The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), the Texas Department of Motor Vehicles, and various regulations specific to Travis County. An Austin trucking accident lawyer is needed to analyze the evidence to also determine what safety violations contributed in causing the accident and what parties can be held responsible.

Commercial insurance companies and their third party administrators (TPA) defend truck accidents much harder than standard motor vehicle collisions due to the much larger insurance coverage policies available to the victim, so there are more legal considerations arising from truck accidents that our attorneys can help you evaluate. A lawyer experienced in handling truck accidents will be prepared to fight the tactics used to defend these claims, such as:

• Claiming the victims should have seen the truck

• Blaming another driver no longer at the scene

• Claiming the medical damages are exaggerated

• Claiming that neither party is at-fault

• Arguing weather or road conditions contributed

If you have been in a big-rig accident, call truck accident attorneys Niles Sneed and Brit Mitchell today. Niles and Brit are qualified Austin Truck Accident Lawyers and regularly help accident victims secure maximum compensation after a life-altering trucking accident. Don't let a driver, owners, fleet operator, or parts manufacturer escape without being held fully accountable for your injuries.

You should hire an Austin truck accident lawyer before discussing your claim with the commercial insurance adjuster. Adjusters are trained to quickly contact those involved in collisions and attempt to finalize a settlement before a person can realize the extent of his or her injuries or damages. Also, you should not provide a recorded statement to an insurance company without having an attorney included on the call. If possible, consult with an attorney the moment it is safe for you to do so after being involved in an 18-wheeler accident.

Those injured in an Austin 18 wheeler accident can recover compensation in the form of economic damages, non-economic damages, and punitive damages. Economic damages are compensatory damages to compensate a claimant for actual economic or pecuniary loss; such as medical bills, lost wages, property damage, and life care services. Non-economic damages, also called general damages, include pain and sufferings, mental anguish, disability, and disfigurement. Punitive damages are awarded in certain circumstances when the truck driver or trucking company's behavior is found to be especially harmful.

Generally, hiring a truck accident lawyer in Austin does not require payment of any money upfront. This is because most attorney represent plaintiff's on a contingency fee basis, meaning the attorney instead charges a percentage of the net settlement or award if the claim is successful. Attorney in Texas generally charge 33% percent if the case is handled pre-litigation, with an increase to 40% percent if a lawsuit is filed, and 45% if the case must be decided by a jury.

Determining fault for a semi-truck accident here in Austin is often complicated, which is why insurance companies quickly retain defense attorneys who hire accident reconstruction experts to investigate accidents in anticipation of potential lawsuits. In most cases, a truck or 18-wheeler accident involves one or more multiple liable parties whose actions caused or contribute to causing the accident, including; the driver, employer, fleet operator, the owner of the cargo, mechanic, or a parts manufacturer.

In Texas, you have two years from the date of 18 wheeler accident to file a civil lawsuit seeking compensation for your economic and non-economic damages. This is called the Statute of Limitations. Keep in mind, that the two-year time period continues to run during any pre-litigation claim handling process or negotiations. It is always most advantageous to consult with an attorney immediately following a truck accident because companies quickly begin repairing damaged tractors and trailers and will continue destroying records and data in accordance with their standard business practices.

Truck accident and 18-wheeler accident cases are personal injury lawsuits. To collect compensation, the plaintiff must prove negligence. Negligence is the legal standard by which almost all personal injury cases are evaluated.

Negligence occurs when someone violates their legal ‘duty of care’ and causes injury to another party. In other words, they fail to act in a ‘reasonable and prudent’ manner given the specifics of the situation, and that failure injures someone else.

For example, truck drivers have a legal duty to drive sober. Driving drunk endangers others. Therefore, a truck driver that operates their vehicle under the influence of alcohol violates their duty of care to others on the road.

If that drunk driver hits and injures someone else, there’s a strong legal case for negligence. Most personal injury cases require proof of negligence for the plaintiff to recover damages. Insurance companies and trucking companies determine the size of settlements based on the available evidence admissible in a court of law. In essence, the evidence a plaintiff could present to a jury if the case went to trial.

The stronger the evidence, the bigger the settlement. That evidence includes:

Severity of the injuries – Generally, the more serious and life altering an injury, the bigger the settlement.

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Cost of medical care – More medical bills for necessary medical treatment mean a bigger settlement. Most insurance companies use medical bills as a key indicator of case value. It's not the only factor, however. Additionally, if a victim’s medical care is unrelated or exorbitantly priced, the company’s representatives will likely dispute the number in negotiations.

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Lost income – Loss of wages and earnings are another huge factor when it comes to the size of a settlement. A person with a high-paying job unable to work following their accident has a solid claim for lost wages, while someone unemployed at the time of their accident likely cannot claim any lost income.

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Loss of a normal life – “Loss of enjoyment” or “loss of normal life are legal terms for the emotional and personal losses that often accompany an injury.

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Pain and suffering – Victims can also seek compensation for physical pain, though pain might be difficult to prove, depending on the facts of the case.

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Severity of property damages – Though people can suffer devastating injuries without major impacts, the severity of the damage to a victim’s vehicle can often make or break a case. That’s because people view vehicle damage as “objective” proof of an accident’s severity, even if that isn’t the case. Crashes that cause almost no damage to vehicles are often immediately denied by insurance companies.

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Big Rig accidents across Travis County cause our clients and their families to suffer life-altering injuries and impact on their lives. As a truck accident victim in Austin, you must act quickly to bring your truck accident claim to ensure you meet Texas filing deadlines, also called the "Statute of limitations". Under Texas law, Austin trucking and semi-accident victims have 2 years from the date of the 18-wheeler accident to file an injury claim with the civil courts, but you should not wait a second in speaking to an experienced semi-accident lawyer.