Ever been in a truck accident in Dallas? It’s a whole different ballgame from your typical fender bender. You’re dealing with big rigs, complex insurance policies, and potentially life-altering injuries. It’s enough to make your head spin. But don’t worry, seeking help from a Dallas truck accident injury attorney is what you need to deal with this pesky problem. Buckle up as we dive into the world of truck accident insurance claims in the Lone Star State.

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The Basics of Insurance Coverage in Texas

When you’re involved in a truck accident, understanding how insurance works can be confusing, especially with the added complexity of commercial vehicles. In Texas, there are certain rules and types of coverage that apply when it comes to accidents. Here’s a breakdown of the most important things to know about insurance coverage in the Lone Star State:

Texas is a “Fault” State

Texas operates under a “fault” insurance system, which means that the party responsible for the accident (the “at-fault” party) is the one who will cover the damages. If the truck driver or trucking company caused the accident, their insurance should be responsible for paying for your injuries and damages.

Commercial Insurance Policies Are More Complex

Trucking insurance policies are often much more complex than personal auto insurance policies. They may have multiple layers of coverage, including liability insurance, cargo insurance, and physical damage coverage for the truck itself.

Texas Requires Minimum Liability Coverage

Under Texas law, all motor vehicles, including trucks, are required to have a minimum level of liability insurance to cover damage caused in an accident. The state’s minimum liability coverage is $30,000 for bodily injury to one person, $60,000 for bodily injury to multiple people, and $25,000 for property damage.

However, commercial trucks typically carry much higher coverage limits due to the higher risks involved. Trucking companies often carry $750,000 to $5 million in liability coverage, depending on the nature of the cargo. This higher coverage helps ensure that victims of serious truck accidents receive adequate compensation for their injuries and damages.

Texas Is a Comparative Negligence State

Texas follows a comparative negligence rule, which means that if you share fault for the accident, your compensation can be reduced by your percentage of fault. For example, if you were texting and driving and the truck driver also made a mistake, your compensation might be reduced depending on how much of the fault lies with you.

Types of Insurance That May Apply

These are the essential truck insurance policies. Here’s what you need to know:

Trucking Company Insurance

Most commercial trucks are insured under a policy provided by the trucking company. These policies typically offer higher limits than personal car insurance because trucks can cause more damage. The trucking company’s liability insurance will be responsible for covering damages if the driver is at fault.

Truck Driver’s Personal Insurance

If the trucking company’s insurance is insufficient or the driver was not properly following company policies, the truck driver’s personal insurance might come into play. In cases where the trucker is driving their own vehicle (not a company truck), their personal policy will cover the damages.

Uninsured or Underinsured Motorist Coverage

If the truck driver is uninsured or underinsured (meaning they don’t have enough coverage to pay for all your damages), your own insurance policy may cover the difference. This is where uninsured/underinsured motorist coverage can help fill the gap.

Steps to Take When Filing a Truck Accident Insurance Claim

Filing an insurance claim after a truck accident can feel overwhelming, especially when you’re dealing with injuries and property damage. However, knowing the steps to take can make the process smoother and ensure you don’t miss anything critical. Here’s a breakdown of the key steps you should follow when filing a truck accident insurance claim in Texas:

Report the Accident to the Insurance Company

As soon as possible, notify your insurance company and the trucking company’s insurer about the accident. Most policies have strict timelines for reporting accidents, and delays can hurt your claim.

Seek Medical Attention Right Away

Even if you don’t feel injured right after the accident, it’s essential to get checked out by a healthcare professional. Some injuries, like whiplash or concussions, may not show symptoms immediately but can become serious later on.

Gather Evidence from the Scene

Collect as much evidence from the accident scene as possible, including photos of the crash site, the vehicles involved, any visible damage, and road conditions.

Obtain a Copy of the Police Report

After the accident, the police will file a report, which is a key piece of evidence in your claim. Request a copy of this report as soon as it’s available, as it includes important details about the crash and often notes the officer’s opinion on fault.

Document Your Injuries and Expenses

Keep detailed records of all medical treatments, including doctor visits, prescriptions, physical therapy, and hospital stays. This will help prove the extent of your injuries and justify your compensation request.

Review the Insurance Policy Details

Before accepting any settlement offer, review the trucking company’s insurance policy carefully to understand the coverage limits and what’s included. Trucking policies often have higher limits than personal car insurance, so it’s important to know what you’re entitled to.

Don’t Accept the First Settlement Offer

Insurance companies may offer you a quick settlement right after the accident, but these offers are usually much lower than what you deserve. The goal of the insurance adjuster is to settle quickly and save the company money.

Consult with a Dallas truck accident injury attorney before agreeing to any settlement. A personal injury attorney can help you understand the true value of your claim and ensure that the settlement adequately covers your medical bills, lost wages, pain and suffering, and any long-term effects of your injuries.

Negotiate a Fair Settlement

Once you have all your medical records, evidence, and documentation in place, it’s time to negotiate. An experienced attorney will handle these negotiations for you, ensuring the trucking company’s insurance doesn’t pressure you into accepting a lowball offer.

Your lawyer will use all the evidence collected, including expert testimony, to argue for the maximum amount possible based on the severity of your injuries and other damages.

Know Your Claims to Stay Safe on the Road

Navigating an insurance claim after a truck accident in Texas can be a complicated and stressful process, but understanding the steps involved can help you feel more confident in handling it. From gathering evidence to negotiating with insurers, taking the right approach is crucial to securing the compensation you deserve. Remember, you don’t have to face this alone. Having a skilled attorney on your side can make a world of difference in getting you the best outcome.