If a garbage truck driver is responsible for an accident that leaves you injured, hold this individual accountable for their actions. Do so by filing an insurance claim or personal injury lawsuit. A Bedford garbage truck accident lawyer can explain your legal options and help you determine the best course of action to pursue damages from the liable party.
The Texas Law Dog, a Hopkins County native, provides top-notch legal representation. Let a Bedford truck accident lawyer from our team assist you with your personal injury case. Schedule a free case consultation.
Who is Responsible for a Garbage Truck Accident
A garbage truck driver or their employer can be held responsible for an accident. For instance, if a garbage truck driver speeds through a red light, resulting in an accident, the driver or their employer may be liable for the incident.
In addition to these parties, a mechanic, government entity, or another third party can be considered at fault for a garbage vehicle accident. If you are unsure of who is liable for your accident, request legal assistance. A Bedford personal injury lawyer can evaluate the facts of your incident and find out who is responsible.
The Texas Law Dog can walk you through the Texas car accident claim process. Following a garbage vehicle accident, your lawyer may help secure compensation via an insurance claim or lawsuit. Contact us for more information.
For a free legal consultation, call (817) 775-5364
What to Expect with an Insurance Claim
In terms of shopping for auto insurance in Texas, many options are available. You are legally obligated to have insurance coverage before you drive anywhere in the state. Your insurance can help you recover financially if you are involved in a garbage vehicle accident.
In the days after your accident, contact your auto insurance company, which can start a claim. The business can connect with the garbage truck driver’s insurer, and together, they can determine who is at fault for the accident.
A garbage truck accident lawyer in Bedford can explain how car insurance works in the state of Texas. In one of the best-case scenarios, an at-fault party’s insurer provides sufficient compensation for your accident-related losses. If this does not happen, your lawyer may encourage you to sue for damages.
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Filing a Garbage Truck Accident Lawsuit
In accordance with Texas Civil Practices and Remedies Code Chapter 16, you may have two years from the date of your accident to file a lawsuit. A garbage truck accident attorney in Bedford can help you submit your lawsuit immediately. That way, you can avoid missing your opportunity to recover damages from any at-fault parties.
Suing for damages does not guarantee you will get compensation. The defendant in your lawsuit may commit time and resources to dispute your damages request. You may need a police report, witness statements, and other evidence to support your argument.
Your lawyer can provide details about how to obtain a car accident report in Texas and collect other forms of evidence that can be used against the defendant in your case. They may help you build a body of evidence that can compel a judge or jury to award maximum damages. Alternatively, your proof may lead the defendant to propose a fair settlement.
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Damages You Can Ask for in Your Lawsuit
Your attorney can teach you about the average settlement for semi-truck accidents and similar incidents. In your garbage truck accident case, you could receive economic and non-economic damages. Reasons why a judge or jury may offer damages include:
- Automotive repairs or replacing your car
- Loss of income
- Medical bills
- Pain and suffering
What you recover in damages depends on how badly you were hurt and other factors. Your lawyer will encourage you to pursue economic and non-economic damages. They can prepare an argument designed to show a judge or jury that full damages should be awarded.
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Proving Negligence in Your Lawsuit
Saying a liable party caused your accident is insufficient. It is your responsibility to prove that this party was negligent and, as such, should be held accountable for the incident. To show a party acted negligently, you must verify that the following elements of negligence were present at the time of your accident:
- Duty of Care: This refers to a legal obligation that mandates a party should act reasonably and avoid acts of carelessness and recklessness.
- Breach of Duty of Care: A duty of care is violated when a party chooses to act carelessly or recklessly and puts people in danger.
- Causation: Your accident is the result of a party’s decision to breach their duty of care, and you suffer an injury as a result.
- Damages: You face quantifiable and subjective harm because of a party’s actions.
Your lawyer considers negligence carefully as they help you get ready for your trial. Ideally, you have an abundance of proof that can make it clear to a judge or jury that the defendant in your case was negligent. If so, the court may be inclined to agree with your argument and rule in your favor.
How Comparative Fault Applies to Your Case
Texas has a proportionate responsibility rule that can impact how much you recover in damages. If a judge or jury finds you to be partly responsible for a garbage truck accident, what you receive in damages can be reduced by how much you are to blame. In a scenario where you are primarily responsible, you may not be able to get damages.
For example, a judge or jury says you are 20% at fault for an accident involving a garbage truck. If this occurs, you can still recover damages. However, you may get 80% of what you originally requested.
Consider what can happen if a judge or jury finds you to be more than 50% at fault for a garbage truck collision. This means you are more to blame for the crash than the defendant in your case. Therefore, you may be ineligible to collect damages.
Work with a Garbage Truck Accident Lawyer Who Provides Dedicated Legal Guidance
The Texas Law Dog understands the challenges you can face if you pursue compensation via a garbage truck accident insurance claim or injury lawsuit.
We can help you make informed decisions at each stage of the legal process and put you in a strong position to recover damages. Request a free case consultation with a Bedford garbage truck accident attorney today.
Call (817) 775-5364 or complete a Free Case Evaluation form