Sounds like you are lucky to be alive! Even though you think that liability won't be contested, that is only one part of the equation. Even more important is determining what your damages are. The insurance company will undoubtedly try to pay you the lowest amount possible to go away. This is one of the many reasons you really need to hire an attorney. You need someone to fight for you, as they have an army of adjusters and attorneys protecting the at fault driver. Best of luck.
In short, the answer is yes. There are ways to find out and sue the proper parties. I would suggest that you contact a personal injury attorney immediately as trucking cases are very complex and in order to preserve evidence you must act swiftly.
It is a common trick among insurance companies and their attorneys to get you to admit to damages in excess of the jurisdictional limits of small claims courts. Now that you have done so, you will have to file in the county or district court. Doing so will require you to strictly comply with the rules of procedure and evidence. I would suggest consulting with a personal injury attorney before refiling to avoid having your case dismissed for failure to comply with the rules. Good Luck.
The only people who can make a wrongful death claim under Texas law are a spouse, a parent, or a child. The fact that there is already a suit filed does not preclude someone else who qualifies from bringing a claim. However, a sibling cannot bring a wrongful death claim. A survival claim is different and that belongs to the deceased. Anyone who is representing the deceased estate can bring a survival action. I would recommend speaking to a personal injury attorney to see what your options are.
Could be. Need more facts to know for sure. I would recommend meeting with a personal injury lawyer to discuss your case. The initial consultation wont cost you anything. Avvo has a great "Find a Lawyer " tool that can help you find an attorney who can handle this type of case.
Sounds like you would definitely benefit from consulting with a personal injury attorney. You won't have to worry about paying your attorney up front as these types of claims are usually handled on a contingency basis. The insurance company will try to downplay your injury and get you to settle quickly so they can avoid paying you what your case is really worth. I would tell you not to speak to the insurance company anymore and get with an attorney to protect your rights.
There are possibly several places to look for coverage in this situation, but they are very fact specific. You should meet with a reputable personal injury attorney to discuss your options in detail to get the most accurate answer.
Despite what you may think, this is an excuse they can use to get out of paying. If you hire an attorney to handle your case there are ways to get the insurance company to pony up. I would suggest contacting a personal injury attorney to discuss the case with.
If you had auto insurance in effect at the time of the wreck, you should just send the paperwork to your insurance company. They have to provide you with a defense and pay for any damages up to the limits of your policy.
In order for an insurance company to claim the policy lapsed due to nonpayment, there are certain notices they must provide. Additionally you may have some 1st party insurance available to you. The most important thing is to get you better, and I believe that a free consultation with a personal injury attorney would really benefit you. More information is required to fully answer your question, and you can go over everything in a consultation.