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Any accident can be dangerous, but truck accidents are known for being downright catastrophic. It is not unusual for multiple other drivers to be hurt and for there to be extensive property damage. Some people are so badly injured that they do not survive. If you have recently been involved in a truck crash, you should speak with an attorney about your legal options.
It is reasonable to take some time to recover and think about what you want to do after a truck accident. However, it is best to make a decision quickly, as you only have 2 years to file a lawsuit for damages, barring special circumstances. It is imperative to use this time to gather as much evidence as possible. The sooner we begin, the more likely we will be able to collect evidence before it is lost. Not only do we need evidence to prove your damages, but we need it to establish exactly how the accident occurred and why the defendant is responsible.
Get a confidential case evaluation for free when you call (817) 476-1797 and talk to our truck accident attorneys at The Queenan Law Firm, P.C.
When is the Right Time to File a Civil Case After a Truck Crash in Amarillo, TX
Knowing when the best time to start something like a lawsuit is can be hard. After all, most people want to avoid lawsuits if they can. However, if you have been injured in a truck accident, you are likely dealing with significant injuries and costs, and a lawsuit might be necessary to get you fair compensation. The thing is, you only have a limited time to file your case.
The statute of limitations, according to Tex. Civ. Prac. & Rem. Code § 16.003(b), is only 2 years. The limitation period begins on the same day as the accident, which means the clock on your claims is already ticking. At first, 2 years might seem like plenty of time. However, considering you might need a few weeks or possibly months to recover before starting legal action, your time might be shorter than you think.
Talk to our truck accident attorneys about tolling possibilities if time is running out. Under very specific conditions, plaintiffs may have the statute of limitations tolled (i.e., put on pause), effectively buying them more time. According to Tex. Civ. Prac. & Rem. Code § 16.001(a), plaintiffs may have the statute tolled if they have a “legal disability.”
A legal disability may include being under the age of 18 or being of “unsound mind.” Typically, the mental component of a legal disability may be a mental or psychological condition that inhibits someone from understanding the accident, their injuries, or their legal rights, making it difficult, if not impossible, to take legal action on their own.
If a plaintiff is under a legal disability when the cause of action accrues (i.e., when the accident happened), the 2-year limitation period would not begin until the disability is removed. This means a minor would have 2 years from the day they turn 18. A person with a mental or psychological condition would have 2 years from whenever their condition is removed.
How to Gather Supporting Evidence for Your Truck Accident Case in Amarillo, TX
If possible, document the crash scene while you wait for help. The authorities will likely clear the scene fairly quickly, and valuable evidence might disappear. Take pictures, record videos, or jot down notes about what you see. Anything might help us later prove your claims in court.
We should also try to find witnesses who can testify in court about the crash. It is not unusual for multiple vehicles, drivers, and passengers to be involved in truck accidents. These kinds of crashes tend to cover a larger area of the highway, and lots of people might have seen the accident.
Accident reconstruction experts can be very helpful in cases where accidents are large and more complicated. They might be difficult to understand on our own, but a reconstruction expert can scientifically recreate the crash, shedding light on how it happened and who is responsible.
If we have difficulty finding evidence – which is not an uncommon problem – we can check police reports about the crash. Often, and especially in severe truck crash cases, the police will thoroughly investigate. They might uncover evidence we do not know about that might help us prove your claims. However, these reports are usually inadmissible in court, but they might be used as guides to other, admissible evidence.
How Do Truck Crashes Occur in Amarillo, TX?
Trucks operate differently than normal cars, and the way they cause accidents might differ greatly from what you are used to. Below are a few examples of how truck crashes can occur. You should discuss your accident with your attorney to determine if any of these apply to your case.
Jackknife Accidents
A jackknife accident happens when the truck and trailer no longer move in sync. Remember, the truck and trailer are not a single vehicle. They are two vehicles hitched together. If the trucker is speeding and attempts to slow down too quickly, such as by slamming the brakes, the trailer might not slow down at the same rate as the truck. If this happens, the trailer might swerve outward on the highway, hit other vehicles, and form an L-shape on the road.
Rollovers
A rollover accident happens when a truck completely falls over on the road. Remember, trucks and trailers are enormous. If they fall over, they can cause serious damage and injuries to the unlucky drivers who happen to be next to the truck. A rollover accident might happen because the trucker was speeding and tried to make a too-sharp turn. They instead might happen because the cargo was not properly loaded, causing the trailer to become unbalanced.
Squeezing Accidents
When trucks make certain turns, they have to be very careful. For example, when trucks turn right, they usually have to first swing out to the left before turning right, creating a much wider turn. This is done to avoid accidentally squeezing an unsuspecting driver between the truck and the trailer. If the truck driver does not turn properly or signal that they are about to turn, they might be liable for a resulting squeezing accident.
Contact Our Truck Accident Lawyers in Amarillo, TX
Get a confidential case evaluation for free when you call (817) 476-1797 and talk to our truck accident attorneys at The Queenan Law Firm, P.C.