In Austin, when you’re dealing with the aftermath of a truck or 18-wheeler accident, Carabin Shaw’s experienced lawyers are here to help protect your rights and secure the justice you deserve.

Getting Compensation and Satisfaction for Your Commercial Vehicle Accident Injuries

You may go to a jury trial or you may agree to a settlement with the insurer or the self-insured commercial vehicle firm. Below we’ll explain a bit more about these two ways to win your case. More about our Truck Accident Attorneys Austin here
In a settlement compromise, the plaintiff and the defendant avoid the need for a jury trial through negotiation and agreement without a court’s help. In a typical settlement, the defendant voluntarily agrees to pay the plaintiff a sum of money. In exchange for compensation, the plaintiff agrees not to sue the defendant in the future for any other damages caused by the accident. The acceptance of a settlement offer should be fair for the victim of the accident. By asking for and accepting a fair settlement offer, you usually receive your payment much faster than if this would have gone to court. Also, by accepting a settlement offer you avoid the uncertainty that is always present when you entrust your claim to juries selected randomly. More Information about our Truck Accident Lawyers in Austin here
Receiving a fair settlement offer from a defendant is not easy and usually requires the support of a knowledgeable commercial vehicle accident attorney. Defendants know they are not obligated to pay anything unless you win your claim in a courtroom. For this reason, they are rarely motivated to voluntarily pay unless they think they will lose if they undergo a jury trial. The best way to make a defendant willing to pay is to have solid physical evidence and a commercial vehicle accident attorney with an excellent reputation on the case. The commercial vehicle accident attorneys at our Law Office will make sure that you have both. We have been handling commercial vehicle accident claims for two decades and we have won favorable settlements and judgments against almost all the major insurers in the country. Insurance firms know our reputation and usually prefer settling with our clients rather than meeting one of our commercial vehicle accident attorneys in the courtroom.

Although a fair settlement may benefit victims, bad settlements permanently deprive them of their rights. They lose the ability to prosecute the accused of what the claim is really worth. The defendants know that accident victims often face large bills and lost income. They hope for you to accept a small settlement instead of fulfilling their obligations. They will say that their lowball offer is all that you are entitled to or that no better settlement will come, whether in a jury trial or through negotiation. They will tell you their offer is all you may expect. Could you not believe them? A commercial vehicle accident attorney will inform you how much your claim is worth and they help you assess whether the defendant’s offer is fair.

You may also take your lawsuit to court. Between the plaintiff and the defendant, the task of the plaintiff is harder in a jury trial. This is since the plaintiff has the burden of proof in proceedings. They have to show that the defendant would be liable for the injuries you incurred. With this heavy burden on your shoulders, representing yourself in a courtroom is rarely a good idea. Proving your burden of proof requires a solid legal strategy, convincing physical evidence, and a qualified commercial vehicle accident attorney. You need a solid strategy that shows the 4 parts of commercial vehicle accident claims convincingly. These 4 parts are duty, violation, cause, and damages.

Proving duty is showing that the defendant in the claim has a duty not to cause harm. This obligation to protect each other is one of the basic requirements of the law but the degree to which this exists depends largely on the circumstances and relationship between the parties. In most cases, it’s not hard to show that defendants in a commercial vehicle accident had a duty as they are expected to act towards others as a reasonable party would and that means avoiding causing harm. This “reasonable person” standard likely applies to the driver in your claim.

The second part of your claim is to prove that you were the victim of a violation. You must show that the defendant has violated the obligation of duty. After you have demonstrated both duty and violation, you can see that the accused is guilty of negligence. Most commercial vehicle accidents involve this if it’s shown that the driver did not take the necessary precautions to demonstrate safety. You must provide physical evidence of the defendant’s negligence to establish a violation.

After proving that the defendant behaved hazardously, you must show causation. We have seen how several parties have a role in a commercial vehicle accident on the highway and how many people may be held liable at the time an accident happens. In many cases, the defendant tries to blame other parties, or even you, saying they are not the reason that the accident happened or that their action did not cause your injuries. If you do not have enough physical evidence to show that the defendants you named in your claim caused the accident as well as your injuries, you won’t win.

After proving the defendant’s responsibility, you must show your damages. The term “damage” means the money that defendants must pay you, not your actual injury. You may collect damages for injuries such as pain and suffering, medical costs, repair bills, lost wages, lost earning capacity, and other losses you may have incurred. You must show you are entitled to that for which you ask. This requires calculating the total amount of your losses and providing physical evidence of your claims. Often the amount of damages in a commercial vehicle accident lawsuit is a controversial subject. The calculation of damages is often not an easy task for those who are not lawyers, and even inexperienced lawyers don’t do this correctly.

If medical treatment is ongoing, estimating the amount of your last medical bills may take some work, especially if you do not know the extent of your treatment and how long it will take to recover. In addition, it’s often challenging for non-lawyers to put a price on intangible losses like mental anguish or pain and suffering. The calculation of loss of earning capacity may be another obstacle for beginners. Damages for loss of earning capacity are designed to compensate the claimant for the income they won’t be able to earn in the future due to the inability to resume work after a commercial vehicle accident. Calculation of lost earning capacity is not as simple as taking the latest annual salary and multiplying by their work-life expectancy. You should consider factors such as promotions and raises, which the victim would have received if he had continued working. A commercial vehicle accident attorney will consider all your losses and calculate all the damages correctly. Physical evidence is needed to show these enhanced damages in a courtroom.

Proving all 4 parts of commercial vehicle accident lawsuits is critical. You lose your claim if you do not provide enough physical evidence for each of those 4 parts. This is one reason why it’s so important to have a knowledgeable commercial vehicle accident attorney on your side.

If you’ve been in an accident, we can help you seek compensation for your injuries, pain and suffering. We have won millions of dollars in compensation for hundreds of clients. If you or a family member has been involved in a commercial vehicle accident in Texas, contact us for a free consultation and learn how we can help you get back to enjoying life.

More Great Commercial Truck Accident Blogs Here:

https://www.chicagopersonal-injurylawyer.info/truck-accident-cases-on-a-contingency-fee-basis/
https://www.denvercopersonalinjurylawyer.com/truck-accident-claims-involving-drunk-or-drugged-driving/
https://www.pennsylvaniainjuryclaimscenter.com/truck-accident-lawyers-specializing-in-catastrophic-injuries/
https://www.thepersonalinjurydirectory.com/truck-accidents-caused-by-equipment-failure/
https://www.brownpersonalinjury.com/truck-accidents-caused-by-reckless-driving/
https://www.zeleskey.com/truck-accidents-involving-hazardous-materials/
https://www.mcdowellforster.com/truck-accidents-involving-improperly-loaded-cargo/
https://www.virginiapersonalinjuryfirm.com/trucking-company-negligence-and-legal-responsibility/
https://www.scottlawnc.com/types-of-damages-you-can-claim-in-a-truck-accident-case/
https://www.boyerfirm.com/understanding-federal-trucking-regulations-in-legal-claims/
https://www.richardsandrichardslaw.net/understanding-truck-accident-claims-and-compensation/
https://killianlawnewmexico.com/what-to-look-for-when-hiring-a-truck-accident-lawyer/