What to Expect During a Texas Truck Accident Lawsuit

After a truck accident in Texas, two options are available to you: make an insurance claim or file a lawsuit. You can also decide to file both simultaneously to give the at-fault party’s insurer something to consider in case they want to delay your claim or apply other tactics to pay a lesser settlement. However, while filing a lawsuit is a great idea, many victims do not consider it as they don’t know what to expect or how long it will take.

To help make the decision to file a lawsuit easier, we’ve compiled what to expect during a Texas truck accident lawsuit. Our attorneys at Terry Bryant Accident & Injury Law can guide you through the legal process and explain in detail what to expect when you come for a consultation. We will also explain other aspects of a compensation claim, including what damages you can get.

We understand that deciding to file a lawsuit can be difficult, especially if you want quick compensation. However, we will explain the pros and cons and help you make the best decision. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential initial consultation.

Why Choose Our Truck Accident Attorney to Represent You in a Lawsuit?

Truck accident cases are never easy, and having legal representation is crucial to successful outcomes. At Terry Bryant Accident & Injury Law, we understand the laws affecting truck accident lawsuits, including federal and state regulations. We also know how the Texas legal system works and will navigate the system in the best way to get you fair compensation.

Our truck accident lawyers have successfully handled truck accident claims and have access to industry experts who will help us establish the truck driver’s liability. From filing the lawsuit to courtroom advocacy, we will be with you every step of the way.

We know what is needed to build strong cases and will commit 110% to your case, ensuring nothing will be overlooked. 

What to Expect During a Truck Accident Lawsuit

Texas’s truck accident legal process can be lengthy and complex because several parties might be involved. Knowing what to expect at each stage will help you feel prepared and confident.

Initial Consultation With an Attorney

The first step is consulting an experienced truck accident attorney. During this meeting, we will evaluate the details of your case, review evidence such as the crash report, photographs, and medical records, and discuss your legal options. We will also outline the potential value of your claim, the legal process, and any challenges that may arise.

You can ask questions about our experience, track record, and fees. At Terry Bryant Accident & Injury Law, we work on a contingency basis, meaning we only get paid if you win your case; we will receive the percentage we agreed on during the initial consultation.

Investigation and Evidence Gathering

The next stage is conducting a thorough investigation to understand how the accident happened and gathering evidence to build a strong case. We can handle this for you, and it will typically involve the following:

• Analyzing Evidence: This involves reviewing the police report, photos of the accident scene, witness statements, and video footage.
• Examining Trucking Company Records: Federal regulations require trucking companies to maintain records like driver logs, vehicle maintenance reports, and electronic logging device (ELD) data. We can help you obtain these records to identify violations.
• Hiring Experts: Expert testimony carries a lot of weight when seeking compensation, and we have a network of experts, like accident reconstruction specialists, medical experts, and economists, whom we can consult to support your claim.

We will also preserve evidence by sending a spoliation letter to the truck driver, trucking company, or others to keep them from destroying vital evidence.

Insurance Reporting and Negotiations

After investigating and gathering evidence, the next step is reporting the accident to your insurance company and that of the truck driver. Since Texas is an at-fault state, the focus is more on the truck driver’s insurance, as they need to compensate you for damages. We can help you make the report and request for compensation.

Once the report is filed, the insurance company will investigate by reviewing the evidence, speaking with the parties involved, and assessing the damages. After investigating, the insurance company will make a settlement offer that can be fair or lower than you requested.

We always advise claimants not to accept the first offer, which is never the best. If the offer is too low, we will reject it and kickstart negotiations. If the insurance company refuses to budge, we’ll move to the next step.

File a Lawsuit

Often, we will file a lawsuit in the appropriate Texas court. This involves preparing and submitting a complaint, outlining the facts of the case, the parties involved, and the damages you seek. After filing the lawsuit, we will serve the defendant(s) with the legal documents.

Aside from the truck driver, other possible defendants in a truck accident lawsuit are the trucking company, cargo loaders, the truck manufacturer, the freight broker, and the maintenance company. The cause of the collision determines the defendants. Also, we can add the truck driver’s insurance company as a defendant.

A truck accident lawsuit timeline in Texas is not definite as the lawsuit has many stages and several factors affect it. 

Discovery Phase

After filing the lawsuit and serving all appropriate parties, the next stage is discovery. During this phase, all the parties will exchange information and evidence to build their case. There are several stages in this phase, including the following:

• Interrogatories: These are written questions that must be answered under oath. Each party sends one to the other to respond.
• Depositions: These are in-person interviews where witnesses, parties, and experts provide sworn testimony before a court official, usually the reporter. Anything said in a deposition is binding in court.
• Document Requests: Each side may request specific documents, such as medical records, truck maintenance logs, and company policies.

Discovery can take months and is key in lengthening the truck accident lawsuit timelines in Texas. However, it will help you discover the evidence the other side has so you can strengthen your claim and get ready to refute their defenses.

Mediation

The court will typically order mediation before the case goes to trial. In mediation, a neutral third party, a mediator, helps both parties reach a settlement agreement to resolve the dispute without going to trial. Parties to a lawsuit often prefer a settlement because it is faster, less stressful, and eliminates the uncertainty of a trial.

A reasonable settlement must cover your economic and non-economic damages, including lost wages, medical expenses, property damage, loss of earning capacity, and pain and suffering. Your case will go to trial if a settlement cannot be reached during mediation.

Trial and Verdict

Both sides will present their case and evidence to a judge or jury during the trial. They will also call witnesses — those who witnessed the accident and experts — and cross-examine each other’s witnesses. We will use documentary evidence and testimonies to establish the defendant(s) negligence. If we succeed, the verdict will favor you, meaning you’ll get compensation. Once the judge enters the judgment, we will commence the process of receiving the money awarded by the jury.

The Texas Truck Lawsuit Duration

Although there is no fixed timeline for a truck accident lawsuit in Texas, it could take several months or a few years. Generally, the timeline is affected by the following:

• Severity of the accident and injuries
• Number of liable parties involved
• Complexity of evidence collection
• Cooperation during the discovery phase
• Negotiation process for settlement offers
• Court schedules and availability
• Expert witness involvement
• Extent of insurance disputes
• Federal and state regulatory compliance issues
• Whether the case goes to trial.

Be patient when seeking compensation through a lawsuit, and do not rush to settle. We will work tirelessly to get you the best possible outcome.

We Are Here to Help You Through the Truck Accident Claim Process

At Terry Bryant Accident & Injury Law, we have represented truck crash victims since for more than three decades. Judge Bryant is Board Certified in personal injury trial law by the Texas Board of Legal Specialization, so you can count on us for our experience and expertise. We will protect your rights and interests and ensure you are adequately compensated. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.