Commercial trucks carrying construction, drilling, oil, and moving equipment have created an increasingly dangerous environment on the road. It is alarming that people who share the road with 18-wheelers and other trucks have a higher risk of serious truck collisions, which can result in severe injuries and even death.
If you are involved in a truck accident, and you believe the other party is at fault, it is important that you seek the help of a professional truck accident lawyer in Houston who can help you prove the other party violated their duty of care and acted with an intention that brought harm to you and your loved ones.
The Steps in a Truck Lawsuit Process in Houston, TX
Let us look at the truck lawsuit process in Houston, TX.
Consult a Truck Accident Lawyer in Houston
If someone is injured or has suffered damages due to a truck accident, they must seek the services of a personal injury attorney right away. The attorney will assess the case’s merits, determine fair compensation, and advise on the best course of action.
Filing the Lawsuit
Once the injured party and their attorney decide to proceed with a lawsuit, the lawyer will create a complaint and file it in the appropriate court against the responsible parties. The complaint outlines the facts of the accident, the injuries sustained, and the compensation for damages sought.
Service of Process
After filing the complaint, the plaintiff’s attorney will serve the complaint and summons the defendants, notifying them of the lawsuit. The defendants then have a specified time to respond to the allegations.
Discovery
In this phase, any information or evidence pertaining to the accident is exchanged between both parties. This includes requests for documents, written questions, and depositions of witnesses, and more.
Pretrial Motions
During this stage, either party may file pretrial motions to address specific legal issues or request the court to make particular rulings.
Settlement Negotiations/Mediation
Before proceeding to trial, both parties often negotiate for a settlement or try mediation to reach a resolution without the need for a trial. This process can save time and costs for both sides.
Keep in mind that Texas is a modified comparative negligence state. This means that if the plaintiff is partially responsible for the truck accident, they will lose a percentage of their compensation proportional to their fault. However, they can still be compensated if their fault does not exceed the defendant’s.
Trial
If the two parties cannot come to an agreement, the case will proceed to trial. Both sides will present their evidence during the trial, and witnesses may testify. It will now fall on the jury or judge to determine liability and damages.
Verdict and Judgment
Once the hearing is completed, the jury or judge will render a verdict, determining whether the defendant is liable. They will also determine the amount of compensation that needs to be awarded to the plaintiff.
Appeals (If Applicable)
Either party may appeal the court’s decision if they believe there were errors in the trial process or the application of the law.
Enforcement of Judgment
If the plaintiff is awarded damages but the defendant does not willingly pay, the plaintiff may have to take additional legal steps to enforce the judgment.
Contact Our Qualified Truck Accident Lawyer in Houston Today
It’s essential to remember that every truck accident lawsuit is unique and can vary depending on the case’s specific circumstances. Hiring the right truck accident lawyer in Houston can assist the plaintiff in getting a fair compensation amount.
To find out how the Cox Pradia Law Firm can help you, contact us at (832) 345-9130. Our professional and friendly staff will ask questions about your case and connect you to an experienced truck accident lawyer.