It’s against the law to drive drunk or buzzed. That doesn’t mean that everyone has stopped doing it. Unfortunately, thousands of Texans have been injured by drunk truck drivers.
Did you sustain injuries in a crash caused by a drunk truck driver? You may be owed significant compensation. Contact Gibson Hill Personal Injury to find out how we might be able to help.
Our Houston personal injury attorneys help clients in Houston and throughout Texas get the money the need. We believe in helping the people who need it most recover the financial compensation necessary to pay for their medical care and other expenses. You can depend on us to work to hold the liable truck driver responsible for their behavior efficiently.
Our Houston drunk driving truck accident lawyers will advocate for your rights. We care about our clients, so we’ll make you a priority when you hire us. We’ll take care of your legal process so that you can focus on healing. If you want to find out more about how Gibson Hill Personal Injury can help, call us at (713) 659-4000 to schedule a free consultation.
How Gibson Hill Personal Injury Can Help After a Truck Accident Caused by a Drunk Driver
When you’re recovering after a motor vehicle crash, the last thing you want to worry about is filing an insurance claim. But it’s something you need to do. Insurance companies are intimidating, which is why you need help making them pay what you’re owed.
Many insurance companies take advantage of claimants that don’t have legal representation. They might offer a low settlement, so they don’t have to pay out the maximum policy limits. We won’t let that happen. We know the tactics they use and how to negotiate a fair, full settlement.
When you hire us, we’ll immediately investigate the accident to determine the cause and obtain evidence to prove our legal theory. We’ll show that the truck driver was drunk and caused your injuries so that their insurance company has to pay.
We’ll collect the following evidence:
- Video surveillance of events before, during, and after the accident
- Statements from people who witnessed the crash
- Truck driver’s criminal record
- BAC results from the driver’s chemical tests
- The traffic crash report
- Copies of your medical records
- Accident scene pictures
- Truck driver’s employment records, including their employer’s alcohol testing schedule
Don’t try to start a truck accident claim on your own. If you miss an important deadline or submit incomplete information to the insurance company, they might deny your claim. We can make sure the insurer treats you fairly and maximize your case’s value. If they don’t make an adequate settlement offer, we can take them to court.
You Deserve the Maximum Financial Compensation
Victims of drunk driving truck accidents often suffer severe injuries. When a commercial vehicle crashes into a smaller car, the effects are devastating. The truck’s large size and weight cause much more damage than a passenger car.
Gibson Hill Personal Injury will help you pursue the maximum financial award available. We know how to review liability insurance policies to determine the coverage you’re entitled to after a truck accident. Once we do, we’ll create a plan to compensate for your total damages.
Damages are losses associated with an accident or injury. Whether you file an insurance claim or lawsuit, you can seek compensation for the following economic and non-economic damages:
- Car repairs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional trauma
- Medical costs
- Loss of household services
- Disability
- Loss of companionship
The insurance adjuster will review the details of your truck accident and consider the following factors when deciding the amount of compensation they’re willing to pay, including:
- BAC of the truck driver
- Type of injuries you sustained and their severity
- Impact of the accident on your daily life, such as job performance and ability to care for family
- Physical or mental disability resulting from the injury
- Total lost wages from inability to work
- Statements from you, the other driver, and witnesses
- Details listed on the traffic crash report
- If there was a criminal case against the truck driver
- Duration of necessary medical treatment
- Liability insurance coverage available
If they come up with an unfair amount, we’ll defend your right to compensation for all of your damages.
Negligence Rules That Might Affect Your Case
When it comes to motor vehicle accidents, Texas follows two rules that could affect your damages.
Fault System
Under the Texas fault system, the at-fault party is automatically responsible for the injured party’s damages. Their insurance company usually provides financial compensation through an insurance claim.
All drivers are required to carry auto insurance with minimum limits of liability. Since commercial truck drivers are responsible for large vehicles and dangerous cargo, their limits of liability are higher than those operating passenger cars. Depending on the coverage on their policy, you could pursue up to the maximum limit available.
Modified Comparative Negligence
Texas uses modified comparative negligence to determine fault after an accident and how much compensation each party deserves. Under this rule, your damages can be reduced proportionately to your percentage of fault.
It can be complicated, so contact a lawyer to understand how modified comparative negligence applies to your case.
Let’s say someone incurred $100,000 in damages after getting hurt in the truck accident. A jury determined that the truck driver was 90% at fault because they were driving under the influence of alcohol. They also decided that the injured victim share 10% blame because they were texting behind the wheel. As a result, the most compensation the injured party could pursue is $90,000.
Can I Sue the Truck Driver for Damages?
Yes. If you want to file a lawsuit against the truck driver for their negligent actions, you can.
Drunk driving is reckless and irresponsible. When there’s clear and compelling evidence of intentional misconduct, lack of regard for another party’s safety, or gross negligence, a jury might award a drunk driving victim punitive damages. Instead of compensating you for your losses, punitive damages punish the truck driver for their behavior.
To prove the truck driver was negligent in driving drunk and that’s what caused your accident and injuries, your lawyer will have to show the following elements of negligence existed:
- Duty: The truck driver owed you a reasonable duty of care to prevent you from harm;
- Breach of duty: They breached their duty;
- Cause in fact: They should have foreseen that driving drunk would cause a crash and if it wasn’t for their actions, you wouldn’t have suffered any injuries;
- Proximate cause: It was the truck driver’s drunk driving, and nothing else, that caused your injuries; and
- Damages: You incurred damages from the truck accident.
In Texas, there’s a statute of limitations that dictates the deadline for filing a civil lawsuit. The statute of limitations for truck accident cases is two years. That means you have two years from the crash date to pursue legal action against the drunk driver. After the deadline, you may lose your right to compensation.
Truck Accidents Lead to Severe Injuries
Whether a drunk truck driver crashes into the side, front, or rear of a car, victims almost always suffer some type of injury. Because of the disproportionate size difference between a commercial vehicle and a car, the occupants in the smaller vehicle typically suffer more harm than truck drivers.
The most common injuries people sustain in drunk truck driving crashes include the following:
- Concussion, whiplash, or traumatic brain injury
- Paralysis
- Loss of limb or amputation injury
- Crush injury
- Broken or fractured bones
- Internal organ damage or bleeding
- Spinal cord injury
Any of the above injuries could result in a permanent disability. If you become disabled, you may require future medical treatment and the help of a caretaker. That can be expensive and frustrating.
If this has happened to you, you deserve just compensation for the devastation the truck driver caused. Their careless actions impacted your life, and they should be responsible for the resulting damage.
What’s a Contingency Fee?
A contingency fee is a payment system for an attorney who agrees not to take any legal payment unless they recover compensation for their client. Gibson Hill Personal Injury works on contingency, so you don’t have to worry about upfront fees or costs. We won’t expect payment unless we win your case. If we don’t win, you won’t have to pay us.
Schedule Your Free Consultation
Gibson Hill Personal Injury offers an free initial consultation to help truck accident victims learn their legal options. We know you don’t need additional stress in your life. You can meet with us in a no-obligation, casual consultation to discuss your case and decide if you want to move forward with legal action against the drunk truck driver.
When you hire us, we’ll immediately begin working on your case in order to resolve it quickly. We know you don’t want your case to drag out unnecessarily. You can depend on us to work efficiently to recover the money you need to pay your bills.
At Gibson Hill Personal Injury, our Houston personal injury lawyers care about our clients. You’re not just a number to us. We’ll get to know you and the details of your case, so we can understand your goals. You have the right to representation that puts your rights first.
If you were the victim of a drunk driving truck accident in Houston, call us at (713) 659-4000. Let the experienced Houston truck accident attorneys at Gibson Hill Personal Injury help you recover the compensation you need to put your life back together. Schedule your free case evaluation right now.
