A woman lost her arm in a violent crash with a big rig near Houston after missing her exit on the S. Sam Houston Parkway East.  She redirected her car back to the highway and slid under an H-E-B trailer believed to be making a morning delivery.  The 18 wheeler came to a stop after dragging her car for about 20 feet due to slick roads.  The truck driver was uninjured, stopped at the scene to give aid to the woman and called 911, who responded and transported her to Ben Taub Hospital.

The National Highway Traffic Safety  Administration reveals traffic fatality statistics for 2019 that show an estimated 36,120 people died in motor vehicle traffic crashes. This represents an estimated decrease of about 1.2 percent compared to the 36,560 fatalities that were reported in 2018. Collisions between 18 wheelers and passenger vehicles continue to be widespread across the United States resulting in an increase of those numbers in 2018. Trucks are involved in all kinds of accidents yielding high damage to property, catastrophic physical injuries, and fatalities due to the size discrepancy between big rigs and passenger vehicles.

Negligence.

Civil lawsuits and settlements are based on the degree of fault exhibited by drivers that cause the injuries sustained, and are measured by an owed duty of care expected of someone in a similar situation to avoid negligent behavior.  If the injuries or damages exceed the coverage amount of the at-fault driver’s insurance, then the injured driver would be able to sue the negligent driver to collect the difference.

Insurance responsibility.

Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident.  Damages covered include medical bills, lost wages, and costs to replace property.  Depending on the extent of damage to property, or injuries sustained by a person in an accident, the minimum might not cover the whole recovery amount and legal action may have to be initiated.

Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages in a Texas personal injury claim but if that individual was more than 51% responsible for the accident, there would be no recoverable compensation for accident-related expenses.

Seek legal counsel.

An experienced truck accident attorney at the Law Offices of Guajardo & Marks can be of great assistance after an accident causes devastating injuries near Houston Texas.  Legal counsel can research case facts and interpret the law to support a case’s best outcome toward a comprehensive award.

 

Guajardo & Marks, LLP

12221 Merit Drive,  Suite 945

Dallas, TX 75251

Call 972-534-2763  for a free consultation.

 

Sources:

https://www.iii.org/fact-statistic/facts-statistics-highway-safety

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

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