Texas – December 30, 2020

The United States Department of Transportation Traffic Safety Administration estimates over 500,000 truck accidents every year.  When truck accidents occur,  an experienced accident attorney can help distinguish parties whose acts may have contributed to the accident.

Texas fault.

Texas is an “at 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. In many instances multiple parties can be named as defendants in a legal claim as they may have had some direct, or indirect action that led to a truck accident.

Parties named in claims may include:

  • the driver of the truck,
  • the trucking company,
  • truck manufacturers,
  • manufacturers of parts that are basic to the truck’s safe operation,
  • municipalities that maintain roadways for safe driving,
  • truck maintenance providers,
  • truck, or trailer owners,
  • people responsible for cargo loads,
  • other vehicles that may have caused a truck to react in a way that exacerbates a crash situation.

Accident documentation.

Safety records, maintenance records, driver’s logs and information regarding licensure and past citations, or offenses of any of the parties will play a part in supporting legal action related to a specific accident situations.

Comparative Negligence.

Texas negligence laws stipulate that damages are proportionate to the claimant’s degree of fault, but utilizes the 51% rule, whereby an injured person can be up to 51% responsible for an accident and still collect damages.

Damages.

Personal injury lawyers are effective in damage recovery that may include medical bills, lost wages, property replacement, and wrongful death claims with a whole plethora of future financial and personal losses to consider.  If the injured driver’s injuries, or damages exceed the coverage amount of the at-fault driver’s insurance, then the injured driver would be able to sue the at-fault driver to collect the difference.  There can be more than one legal action against truck drivers and commercial companies when there are multiple injured parties to an action.

Vicarious liability.

Vicarious liability is a legal doctrine that holds a person responsible for the actions of another person.  In the case of a trucking accident, even though the driver may have had some degree of fault, if a truck had mechanical problems that the trucking company should have addressed, they will be liable for the accident too. The driver may not be the only person victims can sue if severe injuries, or death occurred. A truck driver may not have the ability to pay for the damages, or may be seriously injured and the trucking company can be sued along with the driver. If the trucking company was in violation of federal trucking regulations, punitive damages may be sought along with compensatory damages to cover the losses caused by an accident. A truck accident attorney can assist in case building for many scenarios specific to the case.

Hire a lawyer.

Seek legal counsel from an experienced professional attorney who understands Texas trucking laws and how to build a case for damages. They will adhere to Texas statute of limitations for personal injury actions and initiate legal claims within that two year timeline from the date an injury occurred. The Cooper Law  Firm has the resources to yield a swift and comprehensive settlement that after a truck accident.

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

TEX. CIV. PRAC. & REM. CODE § 33.011(1)

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

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

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