Texas Truck Accident Lawyer

Serving throughout the Great State of Texas

As Texas interstates and highways continue to grow congested with large trucks and commercial carriers, traveling these roadways can pose great threat. If you’ve been injured in a Texas truck accident, know that you don’t have to fight the insurance companies on your own. The knowledgeable Texas truck accident lawyers of Daniel Stark will stand strong by your side and help you every step of the way to get the money you deserve for your injuries and medical bills.

Daniel Stark recently obtained a $1,000,000 settlement for a client due to a trucking accident. We have the expert knowledge that you need in an attorney in order to make sure your case is handled properly and effectively. Trucking accidents can have serious injuries or death, insurance issues, and government regulations that are unique and deserve specialized attention.

Texas proximity to the border of Mexico makes the State one of the highest in volumes of trucking traffic. Millions of dollars of goods are transported between the two borders. Unfortunately, the results of this heavy trucking traffic mean more fatalities and serious injuries.

Why do trucking accidents occur?

• Fatigue due to driving too many hours without proper sleep
• Traveling in an unsafe manner
• Overloaded trucks
• Driver inexperience
• Driving under the influence of drugs and/or alcohol
• Mechanical failure

The result of the above failures is that innocent people are injured in semi truck accidents. Our office has handled many of these cases, and we have the experience and knowledge to ensure they are handled properly.

Why You May Need a Lawyer

Having a Texas truck accident lawyer for your truck accident case will help you in several ways. First and foremost, an experienced truck accident lawyer can conduct a thorough investigation of your accident and uncover information pertinent to your case. He or she will be skilled at working with insurance adjustors and will know the legal system and how it applies to your case, helping you to get the best possible compensation for your injuries.

Additionally, by having a lawyer on your side, he or she can help bear some of the burden—communicating with the insurance adjustors on your behalf and working to relieve some of your financial burdens as a result of your accident and injuries.

What You Should Do Now

An insurance adjustor may contact you and ask you to either give a statement or sign a release. You don’t have to do either; in fact, we recommend that you don’t. Insurance adjustors work for their agencies, not you. Therefore, their goal is to save their companies money, which means they will try to give you as little money for your claim as possible. By signing a release you could be signing away your rights or significantly reducing your claim.

Keep up with any documents that pertain to your accident, repairs, and medical care. When it comes time for your truck accident attorney to begin negotiations or take your case to court, proof of the damages you’ve incurred as a result of the accident are important. Items to keep include accident reports, photos of the scene of the accident and your injuries, copies of your medical records and medical bills, and receipts for car repairs and rentals.

Continue to follow your physician’s orders for your medication and treatment. Be sure to complete everything recommended, including any physical therapy, and go to every doctor’s appointment.

If you haven’t done so already, contact a Texas truck accident lawyer with Daniel Stark to find out how we may be able to help you.

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What do you do if you are involved in an auto/truck accident?

(Much of this information provided courtesy of The State Bar of Texas.)

1. STOP!
   Assess you and your family members’ conditions.
2. RENDER AID
   If anyone is injured:
1. Render first aid if qualified;
2. Help stop bleeding;
3. Call a doctor or an ambulance or both;
4. Do not move an injured person in any way that could possibly add to his or her injury.
3. PROTECT THE SCENE FROM FURTHER DAMAGE
   You may be liable for damages to approaching drivers, unless they are properly warned. If the highway is obstructed at night, illuminate the accident scene if possible.
4. CALL AN OFFICER
   Policemen, highway patrolmen, sheriffs, and their deputies are trained accident investigators whose testimony may be invaluable in establishing your civil claim for damages.
5. GATHER INFORMATION & WRITE IT DOWN
   Do not trust your memory. Do not guess, be specific. Gather the following information:
1. Name, address, and telephone number of the other driver
2. Driver’s license number and license plate number of all of the drivers and vehicles involved
3. Insurance information from all drivers involved in the collision
4. Witnesses’ names, addresses, and telephone numbers (ask them to stay and discuss the accident with the investigating officer)
5. Name, agency, and badge number of the investigating officer; and
6. Pictures of the accident if you are able
6. BE CAREFUL WHAT YOU SAY
   Even if you feel you might be at fault, it is best to not make statements to anyone about who caused the accident. Certainly, you should cooperate with the police and answer any questions about what occurred. You may learn later that the other driver was equally at fault, or more so.
   Emotional comments can be misconstrued by others or may be misquoted. Let your lawyer talk for you later—you get the FACTS.
7. SEE YOUR DOCTOR
   Serious injuries do not always result in immediate pain or bloodshed. If there is the slightest chance you may be injured, see a doctor; you are entitled to that.
8. CONSULT YOUR LAWYER IMMEDIATELY
   The sooner your lawyer is brought into the matter, the better he or she can advise you and protect your rights. Your lawyer can obtain statements from the witnesses while their memories are fresh, and do many other things to ensure that the true facts are preserved. Get your lawyer’s advice before giving any interviews or statements to investigators or adjusters.

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Understanding Auto Insurance Coverage Lingo

The state of Texas requires every driver of an automobile to carry liability insurance. This requirement fulfills the public policy concern of providing a recovery to every claimant who is injured by the negligence of another’s use of an automobile. The minimum limits of liability in Texas are 20/40/15, which may be raised to 25/50/25, 50/100/50, or 100/300/100 for an increased premium. These coverages provide potential recoveries when an owner of an automobile, any family member of the owner, or any person with permission to drive the covered auto causes an accident or is at fault in an accident.

Using the minimum 20/40/15 policy as an example, the number twenty (20) means that the insurance company that sold the policy will protect its insured in the amount of $20,000 per person for bodily injury to individuals involved in an accident, other than the at-fault driver. However, the insurance company will never pay more than $40,000 total for bodily injury damages in any one accident, regardless of how many people are injured. In other words, if a negligent driver causes an accident and severely injures or kills six people, each recovering party would not receive $20,000 due to the per accident limitation of $40,000. The number fifteen (15) refers to the amount an insurance company will indemnify (protect against payment of) an insured against property damage. So, if a crash involves two luxury automobiles, both of which are determined a total loss, the insurance company will only indemnify its negligent insured up to $15,000.

This required liability coverage serves two main purposes. First, the liability coverage provides a source of funds with which to pay individuals who incur damages as the result of the negligence of an insured. Second, it protects the negligent driver’s personal property such as bank accounts, inheritance, and investments. An insured purchases this insurance in order to protect him or herself financially in the unlikely event that he or she causes an accident and injures a third party. This liability insurance is often referred to as third-party insurance.

Due to many limitations in insurance policies, it is important to quickly investigate and perfect numerous potential avenues of recovery for injured victims. Multiple avenues of recovery may include personal assets of the at-fault driver; first-party insurance, including PIP, uninsured, and underinsured motorist coverage; health insurance; excess or umbrella policies; commercial insurance policies; and other policies of insurance for drivers contributing to the accident.

If you have additional questions regarding insurance coverage, call an attorney at Daniel Stark.

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What is PIP?

Every insurance company in Texas must provide you with an opportunity to purchase personal injury protection (PIP), which coverage ranges from $2,500 to $10,000. This insurance is no-fault and provides coverage for medical expenses and 80% of lost wages. This is an excellent, low—cost additional insurance because it protects you and your family immediately after an accident occurs, no matter who is at fault.

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What is UM/UIM?

UM/UIM stands for uninsured and underinsured motorists. Like PIP, insurance companies in Texas must give you an opportunity to purchase this coverage when you purchase your liability policy. UM/UIM will protect you, your family, and/or passengers from uninsured or underinsured drivers who cause damage to your person or property. The ranges of insurance available are similar to those in third-party policies (see “Understanding Auto Insurance Coverage Lingo”). If you do not fully understand what kind of coverage you have on your truck, car, or SUV, contact Daniel Stark, and a staff member will be happy to look at your policy and explain what types of coverage you purchased. Don’t wait until after an auto accident occurs to find out that your coverage does not adequately protect you and your family.

1. Auto Accidents
2. Trucking Accidents
3. Wrongful Death
4. Construction Accidents
5. Drug Injuries
6. Defective Products
7. Dog Bite
8. Electrocutions & Burns
9. Medical Malpractice
10. Nursing Home Abuse

1. Avandia®
2. Chantix®
3. Fosamax®
4. Heparin Nationwide Recall
5. Hernia Patch Danger
6. Medtronic Sprint® Dangers
7. MRI Dye (NSF)
8. Ortho Evra®
9. Paxil®
10. ReNu®
11. Rhino ATV Rollover
12. Seroquel®
13. Trasylol®

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