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Why are truck accident insurance claims and legal actions so complex in Midland Texas?

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Texas – April 1, 2021

Truck accident attorneys in Texas can assist with insurance claims after an accident results in property damage, physical injury, or death.  The cases are often more complex because of the catastrophic damages involved and the multiple parties that can be held responsible.  If legal action is initiated, multiple facets will be considered when building a strong case for negligence against responsible parties.   A truck accident attorney can guide a case through the insurance settlement process, or to a court action when negligence is suspected.

Complexities.

The complexities arising out of a tractor trailer crash include:

  • Suing multiple parties, and dealing with multiple insurance carriers after an accident. Negligence may be proven against other parties besides the truck driver in some instances.  The other parties may include the trucking company, freight owner, cargo loading agents, freight inspectors, and/or truck maintenance companies.  A truck accident attorney can identify all parties to an action after a case consultation, and a review of the damages.
  • Federal carrier overarching laws, and state laws may provide for increased accident victim protections because carriers have certain responsibilities in accordance with those laws. Important factors in fault determination such as drivers’ hours restrictions, cargo loads and weights, truck size and routes and other case specific driver safety regulations will reveal possible trucking company violations.
  • In addition to police and insurance accident investigations and reporting, the Department of Transportation may want to access the big rig equipped Event Data Recorder, similar to an airplanes black box. It stores information regarding sudden stops, hard braking, and speed at the time of an accident, as well as keeping a record of the average speed a driver maintains over a specific period of time on the road.

Truck accident insurance. 

Texas is a “fault state” and parties found to be responsible for a truck accident will have to compensate the other party involved in the accident. The State Law utilizes the 51% rule, allowing an injured person the ability to collect damages if they are up to 50% responsible for an accident, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.   A lawyer has the experience to guide victims of truck accidents toward damage compensation.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Truck accident attorneys in Midland Texas can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Filing time limitations.

There is a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or insurance benefits when property damage, physical injury, or death are caused in a truck accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 

Sources.

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf

How does an insurance company estimate the value of a car crash in Arizona?

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Yuma, AZ – Car collisions can cause the people involved to take various actions with their insurance provider or the assistance of a lawyer. This is mostly due to the high costs of dealing with injuries, lost wages, and property damage all at the same time. Victims depend on their insurance companies to pay out a claim to help them, but there are a lot of variables in this process that can be confusing or even prevent the person from collecting all of the money that they need. Understanding how the provider comes up with their amounts and estimates is helpful to anyone who is dealing with the aftermath of a crash.

Information used it the process of the estimate

Insurance companies will generally consider the information they use to estimate the value of cars and other losses proprietary, meaning they do not share their internal processes with customers or the public. However, there are some general principles that can be used to get a similar estimate. 

The car itself is given a value called the actual cash value which factors things like age, mileage, depreciation, and wear on the vehicle subtracted from its cost when it was new. This total after applying the formula can often be much less than the driver owes for the loan on the vehicle, plus a deductible needs to be paid by the driver, which means that collision insurance is not as helpful as most people would assume.  

Insurance companies also use their own computer software that takes variables and comes up with amounts for other kinds of damages such as pain and suffering. These amounts are put into settlements that are offered to accident victims. Depending on the insurance company, they may consider treatment from certain types of doctors to be more expensive than others, and certain injuries may receive a higher value even if this does not correspond to the actual damages for the accident. 

Bringing a lawsuit 

If the insurance process is insufficient or not helpful, the victim may want to retain their own lawyer to help protect their financial interests. This can be done to ensure that the victim can pay for their medical bills and other losses. Negligence cases argue that the person or business responsible for the accident needs to pay for all of these costs, and they can ask for larger amounts than offered in the initial settlement. 

Accident lawsuits in Arizona

Schneider and Onofry assist local clients in the Yuma, Arizona area with the process of bringing a civil lawsuit and receiving compensation. Anyone who needs help from a personal injury lawyer can schedule a meeting with the firm to discuss their situation and receive advice. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

Does car insurance cover fatal accidents in Tennessee?

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Nashville, TN – The most severe car accident incidents can result in fatalities, and this unfortunately happens to thousands of drivers throughout the United States each year. While the victim’s family can try to bring a wrongful death lawsuit against the driver responsible, most drivers who pass away behind the wheel also have relevant insurance coverage. Insurance money can possibly be paid out after any accident, but this will depend on the specifics of the victim’s policy as well other circumstances surrounding the accident. 

Insurance and fatal accident costs

The amounts paid out after a fatal crash can vary based on a number of factors. Funeral costs may be covered under personal injury protection or medical payments coverage if these are included in the policy. This can apply to either the driver who owned the insurance policy, or any of the other passengers who were in the vehicle at the time of the collision. General liability coverage is also applied to deadly accidents in Tennessee under the state’s insurance requirements. 

Tennessee’s insurance laws require coverage of up to $25,000 worth of expenses for each fatality, or $50,000 total for an accident. This means that at least some of this money can potentially go towards expenses such as funeral and burial. If a driver who caused the fatal accident did not have insurance, there are policies that offer additional uninsured motorist coverage to account for this possibility. 

Lawsuits and compensation 

Many families who have lost a relative to a fatal crash will decide to file a wrongful death lawsuit, even if they have insurance. This type of case can cover various types of losses, including funeral and burial expenses, future lost income and wages, final medical treatment and hospitalization, and emotional pain and suffering that the family must endure. Lawsuits also tend to be able to pay out much larger amounts than insurance claims, as they are not limited by the policy coverage amounts. 

The value of a claim or lawsuit tied to a fatality

Fatal accidents tend to have a high price tag when considering the person’s earning potential, the family’s trauma and suffering, and thousands of additional dollars for medical bills and funerals. All of these costs can be factored into damages, and a skilled attorney knows how to argue for the largest amount allowed by law for the victim’s relatives. 

Consulting with a lawyer after an accident

The Law Office of George Fusner is an experienced personal injury firm that works with local clients in Nashville and nearby parts of Tennessee. Anyone who needs help after an accident can speak with a licensed attorney at the firm and receive advice about lawsuits. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com

What are the main reasons an accident victim in Louisiana should bring a personal injury case?

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Baton Rouge, LA – After an accident, the victim should meet with a local injury attorney to discuss their situation. The lawyer should answer several important questions, along with giving advice regarding whether a lawsuit is necessary in the client’s particular situation. 

Money matters

Just about all civil lawsuits are brought for financial reasons. In many situations where an accident victim needs to file a lawsuit, they simply could not afford their medical bills and other costs without resorting to the legal process. The victim may also miss time from work or lose their capacity to earn if they have suffered from a long term injury. This loss of earning capacity is often the largest aspect of damages, as it can permanently affect the victim’s wages. There may also be mental and emotional trauma or physical pain tied to an injury, which can be factored into non-economic damages for pain and suffering. 

Responsibility for mistakes

An individual driver or commercial driver’s business should be held responsible for their actions that led to a person being seriously hurt. In many motor vehicle accidents, there will not be criminal charges brought unless it is clear that the driver was intoxicated or driving recklessly immediately before the collision. That means the process to bring a civil case is often one of the only forms of accountability available. 

Problems with insurance

While all drivers are required to have an auto insurance policy to drive, coverage is an imperfect solution after most accidents. The insurance companies involved in the claim process may offer a small settlement that does not cover all of the victim’s losses, or they may deny a claim altogether if they believe that the specific type of damage should not be covered. Injury lawsuits can be much more effective at bringing compensation to the victim in certain situations. 

Deterrence

While most people assume that traffic tickets or criminal charges related to problematic driving are the main form of deterrence, civil lawsuits provide a similar solution. After an individual driver or business has been named in a lawsuit and forced to pay out damages, it is likely that they will drive more carefully. Personal accountability is one of the main factors in changing driving habits, especially when the costs become apparent. This is why someone who has already been sued will probably never want to cause another accident. 

Personal injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf assist local clients in Baton Rouge and other parts of Louisiana with lawsuits related to motor vehicle accidents. After a collision, a meeting with the firm is the best way for victims to determine if bringing a civil case is necessary. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How much will a car insurance policy pay out after an accident in Lafayette?

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Lafayette, LA – All drivers in the United States are required to have some kind of car insurance coverage, but the requirements vary slightly based on the driver’s state of residence. Insurance claims are the primary way that vehicle damage and other types of losses are covered. In the event of an accident, there is always the possibility that the insurance company will deny a claim or say that the particular accident is not covered by the driver’s relevant policy. In these cases, the accident victim should get their own lawyer who can review the insurance company’s actions and recommend a solution. 

Coverage requirements in Louisiana

The state of Louisiana requires all drivers to have certain minimum coverage amounts to legally use the roads. This includes up to $15,000 for bodily injuries or fatalities to one victim caused by the driver, a $30,000 total for all injuries or fatalities caused by a driver in any given accident, and up to $25,000 of any kind of property damage that was caused by their vehicle. These amounts will generally cover the medical bills of other drivers, passengers, or pedestrians, as well as protect the driver from lawsuits for any property damage that they caused during an accident.  

Serious crashes can possibly cost hundreds of thousands or millions of dollars when all of the losses are combined. For this reason, many victims of accidents choose to resort to the legal process to have the possibility of collecting more money through a settlement or trial available.  

Buying additional coverage

Aside from these minimum auto insurance coverage amounts, drivers can pay for additional types of coverage or larger potential payouts in case of an accident. Each individual driver needs to discuss their situation with their insurance company to find what policy will work best. The costs of these policies may also vary greatly depending on the driver’s location, their history and driving habits, and the specific insurance company’s volume of business. 

However, even with a high cost or comprehensive insurance policy, there is no guarantee that the insurance company will pay for all damage associated with any particular crash. Insurance companies are businesses that need to generate profits, and they have many cost saving measures in place, which often include claim denials. Some lawyers spend much of their time reviewing insurance claims for mistakes or foul play. 

Help after an accident in Louisiana

Miller, Hampton, and Hilgendorf handle various issues related to car crashes, auto insurance, and personal injury lawsuits in the Lafayette area. Potential clients can contact the firm to schedule a meeting and decide on a course of action with the help of a licensed attorney. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Accident victims in Las Vegas will need to take several steps with the assistance of a lawyer

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Las Vegas, NV – Motor vehicle accidents create a lot of different problems for everyone involved. There may be significant damage to the vehicles, medical issues, and problems with the insurance process. All of these losses also cost time and money. All of these associated issues may require various kinds of legal assistance to make the right choices and preserve the possibility of receiving compensation through a settlement or lawsuit. 

Starting at the accident scene

Immediately after the collision, the drivers involved in the accident are supposed to make contact with each other and contact the police. There needs to be an exchange of basic contact information, and the police will also begin their investigation to create an accident report later. This report may be one of the most important pieces of evidence tied to the legal process surrounding the lawsuit and insurance process. Drivers who do not contact the police or their insurance company, or even leave the scene in violation of state laws, may face additional problems. 

The initial consultation with an attorney

Many individuals who find that their accidents have caused significant financial problems will start to look into the process to bring a civil case. This usually starts with the potential client contacting a local lawyer and meeting to discuss their situation and ask questions. At the conclusion of this meeting, the attorney and client may agree on representation and start the formal process to file a complaint in the local courts and bring a civil lawsuit. Many firms will offer this initial consultation for free, and bring the case on a contingent fee basis, which means that the client will only pay the legal fees out of their winnings, and only if the firm can successfully argue the case. 

Proving the case and concluding the lawsuit

After the initial complaint is filed and the defendant responds, the two sides will exchange evidence back and forth through the discovery process. This means that they will all have enough relevant information to decide whether a trial is necessary, who is likely to win the case, and if a settlement agreement is the more efficient option. This is especially true in cases where one party is clearly at fault for the accident based on all of the evidence provided to both sides. Trials tend to be the more expensive and time consuming option.

Learn more from a local injury attorney

There are legal professionals who assist clients with their accident lawsuits in the Las Vegas area. Anyone who needs to learn more about bringing a civil case can contact the experienced attorneys at Southwest Injury Law. 

Firm contact info:

Southwest Injury Law

8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148

702-600-3200

www.southwestinjurylaw.com