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How Soon After an Accident with a Big Rig in Texas Should I File a Claim?

Accidents involving large trucks can be devastating, leaving victims with life-altering injuries and mounting medical bills. If you or a loved one has been involved in a Texas truck accident, you may feel overwhelmed by the complex legal process and unsure of how to move forward. The good news is that our team at Brian C. Gutierrez is here to guide you through it all. We’ll cover the crucial aspects of Texas truck accident claims, including “How soon after an accident with a big rig in Texas should I file a claim?”, understanding the statute of limitations, the importance of filing a claim quickly, the steps you should take after an accident, and the potential challenges you may face.

A book that says statue of limiations and a gavel.  

We understand the challenges and emotions you may be experiencing after a truck accident, and our team is dedicated to fighting for the maximum compensation you deserve. Let’s explore the critical information you need to know to navigate the legal process and protect your rights. Call 979-271-5338 now for a free consultation to speak with a dedicated truck accident lawyer who will advocate for you every step of the way.

 

Texas Statute of Limitations

Following a truck accident, the clock starts ticking. Texas law stipulates that truck accident claims, inclusive of personal injury lawsuits, must be registered within two years of the accident date. Despite this seemingly ample period, swift action is necessary for the preservation of crucial evidence and to avoid missing the filing deadline.

In certain scenarios, exceptions to the two-year regulation exist, which will be discussed further.

Two-Year Time Limit

According to the Texas Civil Practice and Remedies Code, Section 16.003, legal proceedings must be initiated no later than two years from the date the cause of action arises in the event of an injury resulting from truck accidents. This means you have up to two years from the actual date of the truck crash to file a claim. Missing this deadline can result in the dismissal of your claim and the forfeiture of your right to seek compensation.

Prompt consultation with a seasoned truck accident attorney such as Brian C. Gutierrez is important to circumvent this consequence, especially in cases involving a commercial truck accident or a semi-truck accident.

Exceptions to the Rule

Though the general two-year time limit applies to the majority of truck accident claims, specific exceptions may lengthen or shorten the filing duration. For instance, in product liability cases tied to semi-truck accidents, a 15-year period from the sale date of the product is allowed for claim filing.

Another exception is when you’re bringing a tort claim against a government entity for severe injuries sustained in a truck accident. In such cases, you may have a shorter time frame to file your claim, and in some instances, only six months to send a notice letter for your personal injury claim.

Moreover, factors like the discovery rule, minor age, mental incapacity, and the defendant’s absence from the state can also influence the statute of limitations in Texas. Consulting with an experienced truck accident attorney is necessary to understand the specific deadline applicable to your case.

The Importance of Filing a Claim Quickly

Beyond the statute of limitations, there are other logical justifications for filing your truck accident claim at the earliest. Swift action is key to evidence preservation, medical documentation acquisition, and insurance company notification, all of which can significantly influence the success of your claim.

Preserving Evidence

When time is of the essence, acting fast to preserve evidence can make all the difference in your truck accident claim. The moment a truck accident occurs, crucial evidence may already be at risk of being lost or destroyed. Factors such as weather conditions, negligence, or even intentional tampering can all contribute to the loss of vital evidence. As a result, it’s essential to act quickly and take steps to preserve evidence after a truck accident to ensure its availability for investigation and potential legal proceedings.

Cooperating with a law firm dedicated to truck accident cases such as Brian C. Gutierrez can guarantee the collection and preservation of important evidence. This might encompass:

  • Photographs of the accident scene
  • Vehicle damage
  • Skid marks
  • Witness statements

All provide undeniable proof of the accident’s cause and the at-fault party’s negligence in wrongful death claims.

Medical Documentation

Seeking immediate medical attention after a truck accident is not only crucial for your health and well-being but also for the success of your claim. Having a comprehensive record of your injuries and medical treatment is vital in establishing the severity of your injuries and the impact they have on your life.

Medical documentation, such as records and bills, serves as evidence of the injuries sustained and the harm suffered. This documentation can be vital when negotiating with insurance companies or presenting your claim in court against the trucking company. It’s crucial to seek medical attention and document your injuries as soon as possible after the accident to protect your health and maximize the potential compensation from an insurance claim or lawsuit.

Insurance Company Notification

Notifying your insurance company immediately after a truck accident is essential to maintain your benefits, such as medical coverage or uninsured/underinsured motorist coverage. When notifying your insurance company, you’ll need to provide information such as the date, time, and location of the accident, a description of how it occurred, and the contact and insurance information of the other parties involved.

Remember that insurance companies frequently prioritize their profits and may not consider your interests. If your claim is denied, consulting with a truck accident attorney to review the denial letter and ascertain the right approach is important. A seasoned attorney such as Brian C. Gutierrez can assist you in navigating the intricate procedure of interacting with insurance companies and guarantee that you get the rightful compensation.

Steps to Take After a Big Rig Accident in Texas

A woman calling the police with a car accident in the background.

If you’re involved in a Texas truck accident, it’s essential to take the appropriate steps to protect your rights and maximize your chances of a successful claim. We will outline the critical actions to be taken post-accident, such as contacting the police, information gathering, and legal assistance seeking, in the subsequent subsections related to Texas truck accidents.

Contacting the Police

Calling the police immediately after a truck accident is a crucial first step. The responding officer will create a police report, which can provide valuable information for your claim. This report typically includes:

  • A description of the accident scene
  • The cause of the accident
  • Any citations issued
  • Damage to the vehicles
  • The names, contact information, and insurance company of each of the drivers

Make sure to request a copy of this report for your records and provide it to your truck accident attorney.

Gathering Information

Information collection at the accident scene can significantly aid your truck accident claim. This involves acquiring the complete name, phone number, and address of the drivers implicated in the accident, along with their insurance details. Also, ensure to collect the contact details of any witnesses to the accident.

Lastly, take photographs of the accident scene, vehicle damage, and any other relevant evidence that could support your claim.

Seeking Legal Assistance

Navigating the complex legal process after a truck accident can be overwhelming, but you don’t have to go it alone. Brian C. Gutierrez can help you through every step of the process, including:

  • Gathering evidence
  • Reconstructing the accident scene
  • Negotiating with insurance companies
  • Representing you in court, if necessary

Cooperating with a seasoned attorney allows you to concentrate on your recovery while they strive to secure the maximum compensation you deserve.

Potential Challenges in Truck Accident Claims

Truck accident claims can be particularly challenging due to the involvement of multiple parties and the need to establish liability. We will delve deeper into these challenges and offer insights on how our team can assist in overcoming them in this section.

Multiple Parties Involved

In a truck accident case, there can be several parties involved, including the truck driver, the trucking company, and the lessor of the truck or trailer. Identifying all responsible parties is crucial for a successful claim, as it allows you to seek compensation from all possible sources. This can be a complex process, especially if the trucking company or other parties involved in the accident try to evade responsibility.

Our legal team at Brian C. Gutierrez is experienced in handling truck accident cases with multiple parties involved. We will thoroughly investigate the accident, review records, and consult with professionals to determine the liability of each party. By doing so, we can ensure that all responsible parties are held accountable for their actions and that you receive the maximum compensation you deserve.

Proving Liability

Establishing liability in a truck accident case can be challenging and may require professional testimony and thorough investigation. For example, an accident reconstructionist can analyze the accident scene, the vehicles involved, and other evidence to scientifically reconstruct the accident and determine the actions that caused the crash.

Our team is prepared to work with these professionals and conduct a comprehensive investigation to prove liability in your truck accident case. By gathering evidence, consulting witnesses, and determining liability, we can build a strong case on your behalf and fight for the maximum compensation you deserve.

How We Can Help You File Your Truck Accident Claim

At Brian C. Gutierrez, we understand the complexities of truck accident claims and are dedicated to helping clients fight for the maximum compensation they are entitled to. Our team can assist with every aspect of your truck accident claim, from investigating the accident and collecting evidence to negotiating with insurance companies and providing legal representation in court if necessary.

Investigation and Evidence Collection

A group of police officers standing in the roadway preserving evidence.

We recognize the importance of gathering evidence and reconstructing the accident scene to build a strong case for your truck accident claim. Our team will work diligently to collect all necessary evidence, such as:

  • Photographs of the accident scene
  • Vehicle damage
  • Witness statements
  • Maintenance records
  • Electronic Logging Device (ELD) records

We will review these records to uncover any negligence on the part of the truck driver or trucking company.

Swift action and cooperation with a competent truck accident attorney can guarantee the preservation of vital evidence and enhance the likelihood of your claim’s success. Our team is dedicated to offering comprehensive and meticulous investigation services to boost your compensation.

Negotiating with Insurance Companies

Insurance companies can be challenging to deal with, and they may not always have your interests in mind. Our team is skilled in negotiating with insurance companies on behalf of our clients, advocating for the maximum compensation they deserve. We understand the tactics employed by insurance companies and are prepared to counter them effectively.

Cooperating with our team at Brian C. Gutierrez allows you to:

  • Concentrate on your recovery
  • Let us manage the intricate negotiation process
  • Receive support throughout the entire claims procedure
  • Safeguard your rights
  • Ensure you get the rightful compensation.

Legal Representation in Court

If your truck accident claim cannot be resolved through negotiation, our team is prepared to provide experienced legal representation in court. We understand the intricacies of truck accident cases and are dedicated to fighting for the maximum compensation you deserve.

Our team will present your case most compellingly, emphasizing the severity of your injuries, the negligence of the liable party, and the impact of the injuries on your life in the context of a personal injury lawsuit.

How Brian C. Gutierrez Can Help You

Navigating the legal process after a truck accident can be complex and overwhelming, but with the help of an experienced attorney like Brian C. Gutierrez, you can protect your rights and fight for the maximum compensation you deserve. By understanding the Texas statute of limitations, the importance of filing a claim quickly, and the steps to take after an accident, you can better navigate this challenging process.

Brian C. Gutierrez is a seasoned personal injury attorney, having triumphantly managed over 1,000 personal injury cases in Texas. He received his undergraduate degree with honors from Texas A&M University and obtained his law degree from The University of Texas School of Law. Brian C. Gutierrez and our team are committed to assisting clients in securing the maximum compensation they are entitled to, offering free case evaluations, and working on a contingency fee basis.

Don’t face this journey alone – call our team at 979-271-5338 for a free consultation today.

Frequently Asked Questions

How long after an accident do you have to file a claim in Texas?

In Texas, you generally have two years to make a claim for injuries or property damage caused by an accident, and you should report the incident to your insurer within 30 days.

What is the average settlement for an 18 wheeler accident in Texas?

There is no definitive average settlement for an 18 wheeler accident in Texas as every case has unique circumstances and damages. A truck accident attorney can determine the losses and calculate an estimate for the value of a potential claim.

Can you file a police report days after an accident in Texas?

In Texas, it is ideal to file a police report for a car accident within 10 days after the incident. Filing a report sooner can help strengthen your case and ensure you understand all legal procedures concerning personal injuries.

Why is it important to file a truck accident claim quickly?

Time is of the essence when filing a truck accident claim, as it is necessary to preserve evidence, obtain medical documentation, and notify insurance companies in order to maximize your chances of success.

What happens if I exceed the statute of limitations for filing a claim after a big rig accident in Texas?

Exceeding the statute of limitations can have serious consequences. In Texas, missing the deadline usually means forfeiting your right to pursue a personal injury claim. Courts are likely to dismiss cases filed after the specified timeframe. Acting promptly is crucial to protect your rights and ensure you have the opportunity to seek the compensation you deserve. Consult with a legal professional such as Brian C. Gutierrez as soon as possible after a big rig accident to understand the specific deadlines applicable to your case.

Experienced Semi Truck Accident Attorney in Bryan, TX & College Station.

If you need a trucking accident attorney in Bryan, TX or College Station, contact Brian C. Gutierrez, PLLC for experienced representation.

Our semi truck accident lawyer in Bryan, TX can help you build a strong case. We will obtain the crash report, conduct our own investigation, gather evidence, interview witnesses, hire experts, inspect the tractor-trailer, and if necessary, file a lawsuit and subpoena records to prove the negligence of the truck driver and the carrier.

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