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Truck Accident FAQs


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Truck Accident FAQs

When a commercial truck accident occurs, the results are often catastrophic. Many victims suffer serious injuries or die at the scene after being crushed during the impact. The horrific outcome of a truck accident is often the result of a significantly heavier vehicle colliding with a small passenger vehicle or pedestrian. Other times, the incident produces a horrific event when flammable and hazardous materials are involved. ​Our truck accident injury attorney has compiled a comprehensive list of the most common frequently asked questions involving truck accidents. Families use this information to make an informed decision about how to move forward legally in filing a claim for compensation against all parties responsible for their damages.

​I was just involved in a commercial truck accident. What should I do first?

To ensure your safety and well-being, you need to take the initiative to accomplish a few things if possible. The first steps include:
• Call Law Enforcement Immediately – Contact the police and EMT (Emergency Medical Technicians) quickly by dialing 911. There is likely considerable damage to the vehicles, which should remain in the same spot they were in if they do not cause a traffic hazard on the roadway.
• Go to the Emergency Room – Even if you do not believe you are severely injured, you should immediately be transported to the hospital or ER by Emergency Medical Technicians. You might not be aware of the extent of your injuries without a diagnostic examination. The emergency room doctor may order x-rays and perform a comprehensive physical exam to determine if you are bleeding internally or suffered a traumatic head injury, organ damage, broken bones or other severe problem.
• Collect Documentation– You, your companion or friend can collect the names and what happened. You or others can use your smartphone or camera to take photographs of the vehicles involved, the accident scene, and pictures that capture the current weather and road conditions. Every picture you take could be crucial in proving your case in court that the commercial truck driver was at fault for causing your accident.
• Never Apologize for Anything at the Accident Scene – You may be overwhelmed or in shock in the minutes or first hours after the accident occurred. The chaotic situation and the confusion you experience may make you feel guilty for what happened. However, apologizing and declaring you are responsible for causing the accident when you did not do anything wrong could have a severely negative impact on resolving your compensation case. At some point, you will be required to tell your side of the story. However, at that stage, you should speak only on the advice of your attorney.
• Never Sign Anything – The insurance company providing your compensation may want you to sign an affidavit to receive your monetary recovery. However, without legal advice, you could be signing away all your rights to be compensated or certainly a lesser amount than you deserve.

Why are truck accidents more likely to cause fatalities than normal car accidents?

​The size and weight of a fully loaded commercial vehicle can weigh upwards of 80,000 pounds. Most passenger cars weigh around 3000 pounds. Therefore, when two different sized vehicles collide, the results are often catastrophic. Typically, the trucker is unharmed, and the motorist and passengers in the small vehicle suffer severe injuries or die.

How does the law define a commercial truck?

Big rigs, 18-wheelers, delivery vehicles, cement trucks, tanker trucks, and semi-tractor-trailers are considered commercial transport vehicles. However, there are specific classifications of standard pickup trucks that are also identified as a commercial truck. Typically, any large truck that requires a commercial driver’s license to operate is regarded as a commercial vehicle.

​Should I accept the settlement offer from the insurance company?

Truck Accident Lawyer
Attorney John D Pascoe

Pascoe Law Firm

1414 S. Friendswood Dr, STE 120,

Friendswood, TX 77546

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​If you do not have legal representation, the insurance company is likely offering a quick settlement amount to resolve your case. Typically, this amount is significantly inadequate to recover all your damages. The insurance company might be taking advantage of you because they know you are vulnerable after your accident. Hiring an attorney can be beneficial. Your lawyer can conduct a comprehensive investigation to determine the cause of the accident and build a case to ensure you receive a fair settlement offer.

Do I have the right to negotiate for more compensation?

​Absolutely. The trucker, trucking company, and insurance provider are hoping you accept their first offer. They will neglect to inform you that you have the right to demand more money because you were not at fault for the accident. The claims adjuster is likely counting on your lack of negotiation experience and hoping you will choose to take whatever monetary settlement they offer. Our attorneys can assist you during the negotiation process. We have years of experience in prosecuting cases to ensure our clients are made whole again after suffering injuries in catastrophic trucking accidents.

My loved one died in a trucking accident. Can I sue for compensation?

​If you are a surviving family member of a loved one killed in a trucking accident, you likely have the right to seek specific survivor loss benefits including hospital costs, property damages, loss of potential future earnings, funeral and burial expenses and non-tangible damages including payment for pain, suffering, emotional anxiety, and grief.

Does it take long to resolve the trucking accident case?

​On average, most cases do not take too long a time, but neither are they usually resolved quickly. The circumstances surrounding your case is likely different from other cases. It could be settled in as little as three months or take as long as three years.

What does an insurance claim entail?

​Filing a liability claim greatly increases the chance of receiving fair and full compensation after an accident. Drivers and their companies are required to carry policies with higher limits, and while insurance companies will fight tooth and nail for their policy holder, impacted drivers can benefit greatly from taking action.

Can I wait to file my claim for compensation?

​Most likely, you cannot. The Texas statute of limitations restricts the amount of time you must file a claim for compensation before you forfeit your rights forever. However, calculating the deadline based on the statute can be complicated. An attorney working on your behalf will use a range of factors to identify when the date that the statute began in your case to determine when the deadline occurs.

I was visiting Texas when the accident occurred. Where do I file my compensation case?

​Texas truck accident law is highly complicated. Our Texas attorney has a comprehensive understanding of civil tort law and Texas statutes and can work aggressively on your behalf to ensure the best possible outcome. We understand that you cannot be present in the state while your case is being finalized. Our law firm will represent you in your absence while we work to negotiate a settlement after you return to your home state.

Get help for your injuries from a Truck Accident Attorney

​The Pascoe Law Firm represents drivers and passengers who are seriously injured in truck accidents. Auto insurance companies have teams of adjusters who work with the intent of reducing the company’s exposure following an accident, at the Pascoe Law Firm we are experienced at fighting to protect your legal rights following a car accident. We can deploy investigators, accident re-constructionist, and engineers to the scene of an accident if needed following an accident.Our truck accident attorney appreciates the significance that a crash can have on you and your loved ones. Our attorney litigates across Texas. Before talking with an insurance representative from an at fault driver’s company, let us provide an assessment of your situation and how we may be able to help.

​If you have any uncertainties surrounding your truck accident injury, or require a no obligation case evaluation, contact our Truck Accident Lawyer at 713-829-4317 without delay!

Attorney, John D. Pascoe and the Pascoe Law Firm, is responsible for the content on this website, principal office and only office located in Friendswood, Texas. Servicing: Alvin, Angleton, Bay City, Bacliff, Baytown, Beaumont, Clute, Conroe, Clear Lake, Dickinson, Deer Park, Freeport, Friendswood, Fort Bend County, Galveston, Galveston County, Harris County, Hitchcock, Houston, Jefferson County, Kemah, Lake Jackson, La Marque, La Porte, League City, Manvel, Montgomery County, Nassau Bay, Pasadena, Port Bolivar, Port Arthur, Pearland, Santa Fe, Seabrook, South Houston, Southbelt Ellington, Texas City, Victoria, Webster, and throughout Texas.