Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
With such a vibrant and inviting culture, it is no surprise that Austin is now the 10th largest city in the U.S. But more population unfortunately means an increased truck traffic in the city and thereby, a higher number of truck-related accidents. Therefore, if you live in Austin, you need to be prepared.
Austin is widely known as the Live Music Capital of the world, but the good news is, it also boasts an extensive list of talented and renowned rockstar lawyers dedicated to helping people in need. We have compiled a list of the best truck accident lawyers in Austin to assist you if you ever need it.
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Best Truck Accident Attorneys in Austin
Compare Top Truck Accident Attorneys
Filing a Truck Accident Lawsuit in Texas
Because of the amount of wreckage a truck accident can cause, most trucking companies and insurance companies are armed with talented lawyers to fight potential claims on their behalf.
Therefore, it is advisable to find an experienced truck accident lawyer in Austin who can help you understand the laws applicable to your case. But you can find a brief guide to general truck accident laws in Texas below.
Texas Statute of Limitations
The statute of limitation for filing a lawsuit for personal injury in Texas is two years. This means, you only have two years starting from the day of the accident to file for recovery of the damages. However, if the injured person later dies due to their injuries, the statute of limitation starts from the day of the death.
There are very few exceptions to the statute of limitation, such as if the plaintiff has a legal disability (if they are younger than 18 years or are of unsound mind) or if the defendant leaves the state within the statute of limitation. In these cases, the time of disability and the duration of absence is not included in the statute of limitation.
If a lawsuit is not filed within this time frame, your case will likely be dismissed by the courts.
Texas Laws for Truck Drivers
- Time Restrictions. Truck drivers are not permitted to be on duty for more than 14 hours with 11 hours of driving time interstate. When commuting intrastate, a driver can drive for 12 hours and be on duty for a total of 15 hours.
- Language Requirement. Every driver driving a commercial motor vehicle interstate must be able to read and speak the English language. This rule ensures that the drivers can converse with the general public, understand road signs, respond to official inquiries and update the records and reports.
- Background Checks. Before hiring a commercial truck driver, the employer must conduct a thorough background check on the applicants. Drivers are required to furnish information about their license, previous experience, prior accidents, suspensions and previous employers to qualify for driving interstate.
- Documentation Requirements. Drivers must carry registration papers containing information, like the weight of the vehicle and the quantity it is allowed to haul, at all times. They are also required to maintain a daily log with records of their duty status during the journey.
Identifying Fault for a Truck Crash
Like most states in the U.S., Texas is an at-fault state. Therefore, the party responsible for causing the accident is liable to pay for damage. If you were involved in a truck accident, you will need to prove the fault of the driver, the truck company or the cargo company to be able to file a claim against them.
The amount of compensation you can claim is decided based on a rule called modified comparative negligence. If it is proven that you were partially at fault for causing the accident, your claim amount will get deducted by the percentage of your negligence.
For example, if you were 25% at fault for causing the accident, you can only claim 75% of the total damages. But if your negligence was higher than 50%, you will lose out on the compensation altogether.
How Can an Attorney Help You?
Hiring a lawyer can be extremely helpful and is highly recommended in truck accident cases. The trucking and insurance companies are always equipped with talented lawyers ready to fight against any potential claims, so it is advisable that you are appropriately geared up for the fight.
Right off the bat, your lawyer will look through the facts of the case and determine the party at fault. It might always seem like the driver was responsible for the crash, but it can as easily be because of the negligence of the cargo company or a truck repair company.
They will then collect evidence like the black box, driver’s logbooks and maintenance records to prove the negligence of the party at fault. They will also interview the witnesses and collect testimonies to be produced during the proceedings.
If you or your loved ones were involved in a truck accident, you may not be in the mental or physical state to file a claim with the insurance company. Your lawyer can take this responsibility off your hand to file the claim and negotiate with the company on your behalf.
Hiring a lawyer will also convey that you are ready to go to trial for your claims. This is always a good motivator for the insurance companies to offer better awards.
How to Find the Best Truck Accident Lawyer in Austin, TX
Hiring a lawyer for your case can be tricky. The trauma after a truck accident, both physical and mental, can make this process all the more difficult. You need the best lawyer working on your case to multiply your chances of receiving the compensation you deserve. So, here are a few things you should consider to find the best truck accident attorney in Austin for your case:
- Experience. You should always try to dertermine your lawyer’s experience with truck accident cases. Since truck accidents involve several federal laws and often have multiple defendants, a lawyer who has a background dealing with trucking cases can assist you better.
- Fee Structure. Most lawyers will not ask for any upfront fee in personal injury cases but insteadr take a percentage of your settlement or verdict amount. You should always discuss the fee structure before making any hiring decision and get clarification on any additional charges and possible increments if the case proceeds to trial.
- Expert Assistance. You may need the help of experts other than just your lawyer to secure a high compensation. These experts can range from an accident reconstruction expert to an engineer for expert testimony. An experienced truck accident lawyer will be able to identify and seek out the required experts for your case.
- Check for References. If you can find lawyers who have successfully assisted someone you know in similar cases, it should be a safe bet to hire them. Reach out to your community and ask them for recommendations.
Methodology
To come up with the Best Truck Accident Lawyers in Austin in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Should I get a lawyer for a truck accident that wasn’t my fault in Texas?
Yes, it is always advisable to hire a lawyer in truck accident cases because you need to prove the negligence of the other party to seek any compensation. Your Austin truck accident lawyer can help you gather evidence and file and negotiate claims. They can also represent you in a trial if the case does not settle.
How long does an adjuster have to settle a claim in Texas?
Once your claim is approved, the insurer has five business days to settle the payment. After you file an insurance claim, your insurance company is required by law to acknowledge your claim within 15 calendar days and request any information they might need. Within 15 days from the receipt of the requested information, they need to approve or deny the claim.
What is the limit on pain and suffering damages in Texas?
There is no limit on pain and suffering damages in personal injury cases in Texas, except in medical malpractice wrongful death cases. You can claim compensation for your physical pain and suffering, and mental or emotional pain or anguish under noneconomic damages. Your truck accident lawyer in Austin can help you calculate the appropriate amount you can claim as per the facts of your case.
