Timeline of a Texas Truck Accident Lawsuit

Accidents involving larger commercial trucks in Texas typically require extensive litigation before victims are able to recover compensation for their losses. These claims are much more complex than traditional vehicle versus vehicle incidents, and you should reach out to a skilled Houston truck accident lawyer who has experience handling these claims in the Lone Star State. Here, we want to review the most typical timeline associated with Texas truck accident claims.

1. Initial Investigation and Insurance Reporting

The first step in a Texas truck accident lawsuit is the initial investigation and reporting of the incident to the insurance carriers involved. Immediately following the accident, it is crucial to gather as much evidence as possible from the scene. This includes taking photographs, collecting witness statements, and obtaining a copy of the police report. Additionally, it is important to seek medical attention for any injuries because medical records will serve as much-needed evidence in your claim.

Once the initial investigation is completed, the next step is to report the accident to the insurance companies. This should be done promptly, as most insurance policies require timely reporting of accidents. Both the truck driver’s insurance and your own insurance company will need to be notified. An attorney can assist in preparing and submitting these reports to ensure all necessary information is included.

2. Insurance Carrier Offers

After reporting the accident, the insurance companies will conduct their own investigations. This involves reviewing the evidence, speaking with the involved parties, and assessing the damages. Once the investigation is complete, the insurance carriers may make initial settlement offers. These offers are almost always lower than what you should get, as insurance companies aim to minimize their payouts.

It is important not to accept the first offer without consulting an attorney. A skilled Texas truck accident lawyer can evaluate the offer, discuss it with you, and help determine if it is fair (meaning it covers all of your losses). If the offer is insufficient, your attorney can attempt to negotiate with the insurance carrier to secure a better one.

3. Negotiations Between the Parties

Negotiations between the parties involved can be a lengthy process. During this time, your attorney will present evidence and argue for a fair settlement. This may involve back-and-forth discussions with the insurance adjusters and their legal representatives.

If negotiations are successful, the case can be settled without going to court. However, if the insurance company or the other party’s legal team does not offer a fair settlement, the next step is to file a Houston personal injury lawsuit.

4. Filing a Personal Injury Lawsuit

If negotiations fail, your attorney will file a personal injury lawsuit against the at-fault parties. This involves drafting and filing a claim in civil court, outlining the details of the accident, the injuries sustained, and the damages sought. The defendant (the party being sued) will then be served with the complaint and given a specified amount of time to respond.

Filing a lawsuit initiates the formal legal process and allows the court to become involved in resolving the dispute. This step also signals to the insurance company that you are serious about recovering fair compensation.

5. The Discovery Process

The discovery process is a critical phase in a truck accident lawsuit. During discovery, both parties exchange information and evidence related to the truck accident claim. This includes written questions (interrogatories), requests for documents, and depositions (sworn testimony taken outside of court). The goal of discovery is to gather all relevant information to build a strong case.

In a truck accident case, discovery may involve obtaining the truck’s electronic logging device (ELD) data, maintenance records, driver logs, and other crucial evidence. Your attorney will also work with experts, such as accident reconstructionists and medical professionals, to strengthen your case.

6. Possible Mediation

Before going to trial, many courts require the parties to attempt mediation. Mediation is a form of alternative dispute resolution where a neutral third party (the mediator) facilitates negotiations between the plaintiff and the defendant. The mediator helps both sides communicate and explore potential settlement options.

Mediation can be an effective way to resolve disputes without the need for a lengthy and costly trial. If both parties reach an agreement during mediation, the case can be settled, and the lawsuit will be dismissed. However, if mediation fails, the case will proceed to trial.

7. Going to Trial

If mediation does not result in a settlement, the case will go to trial. During the trial, both parties present their evidence and arguments to a judge or jury. The trial process involves opening statements, witness testimonies, cross-examinations, and closing arguments.

Your attorney will present a compelling case to prove that the defendant’s negligence caused the accident and your injuries. The defense will attempt to refute these claims and minimize their liability. After both sides have presented their cases, the judge or jury will deliberate and render a verdict.

8. How Long Will This All Take?

The duration of a truck accident lawsuit can vary widely depending on the complexity of the case and the willingness of the parties to negotiate. A truck accident lawsuit can take anywhere from several months to a few years to resolve. The initial investigation and insurance reporting may take a few weeks to a few months. Negotiations between the parties can also extend over several months.

If a lawsuit is filed, the discovery process can take six months to a year or more. Mediation may take a few weeks to a few months, and if the case goes to trial, it can take several months to over a year for a verdict to be reached. It is important to be patient and work closely with your attorney throughout the process to ensure the best possible outcome.

The Importance of Hiring an Attorney

Navigating a truck accident lawsuit can be complex and overwhelming. An experienced truck accident attorney can provide invaluable assistance throughout the entire process. They can conduct a thorough investigation, gather and preserve crucial evidence, and handle all communications with the insurance companies. An attorney can also represent you during negotiations, mediation, and trial, ensuring that your rights are protected and that you receive fair compensation for your injuries and damages. Contact The Doan Law Firm today for assistance with your case.