If you want to file a personal injury lawsuit after a fatal accident involving a semi-truck, your best bet is to sue the trucking company itself.
Semi-trucks pose a serious threat to motorcyclists. Truckers struggle to see small vehicles in their blind spots, and a motorcyclist can easily be struck by one of these large, lumbering vehicles switching lanes. Unfortunately, motorcyclists often lose their lives after crashing into semi-trucks. But what if your family member lost their life in this manner? Can you file a wrongful death lawsuit and receive compensation for your tragic loss?
Motorcyclist Killed by Semi-Truck in Austin
Back in June of 2022, it was reported that a woman lost her life after a crash involving a semi-truck on I-35 in Austin. According to the police, she was struck by a semi-truck and thrown from her vehicle. To make matters worse, she was then struck by two other vehicles while on the road, causing her to lose her life. Fortunately, all of the drivers stopped and cooperated with the police. Investigators are still not quite sure what caused the crash.
How Can You Sue a Trucking Company After a Crash?
If you want to file a personal injury lawsuit after a fatal accident involving a semi-truck, your best bet is to sue the trucking company itself. Although it might seem more logical to sue the trucker behind the wheel, this will not result in a favorable legal outcome. This is because the trucker typically has less funds than the company employing them. Not only does the trucking company have more money to compensate you with, but they also generally have an insurance policy for these kinds of incidents. This means that you can negotiate with the insurance provider to reach a settlement. A settlement is often the best option because it allows you to receive compensation without actually going to court. Most lawsuits are settled out of court in this manner.
When suing a trucking company, you will also need to prove negligence. This is because Texas is an “at-fault” or “tort” state. Under this system, you must show that someone else’s negligence led directly to your injuries. Examples of trucker negligence include:
- Intoxication
- Distraction
- Reckless driving
- Speeding
- Unbalanced loads
- Driving for long periods without breaks
- Choosing to drive in adverse conditions
Even if the trucker was only partly responsible for the fatal motorcycle crash, you can still work with your lawyers to receive a reduced settlement. This is thanks to Texas’ comparative negligence system, which allows you to sue even if you were partly responsible for your own injuries.
Where Can I Find a Qualified Motorcycle Accident Lawyer in Austin?
If you’ve been searching for Austin motorcycle accident lawyers, there are many options available. Choose to work with the best Texas motorcycle accident lawyers, and you can give yourself the best possible chance of a positive outcome. Trucking operators and companies should be held accountable for taking the lives of innocent motorcyclists. With help from motorcycle accident lawyers, you can receive compensation for funeral expenses, missed wages, and much more. Book your consultation with accident lawyers today.
Sources:
- https://cbsaustin.com/news/local/woman-dies-after-motorcycle-crash-with-18-wheeler-then-runover-by-other-cars-on-i-35-sb
- https://wallethub.com/answers/ci/is-texas-a-no-fault-state-2140699321/
If you have further questions about this article or legal concerns call 800-672-3103
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