Texas – November 26, 2020

Truck accident insurance.

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. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.  Victims should call the police when an injury or fatality occurs, the vehicle cannot move, a driver has no insurance, a driver leaves the scene, or a driver is operating a vehicle under the influence.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Carriers operating in Texas must adhere to the maximum length, height, width, and axle limitations and meet requirements for bridge and weight laws. The size discrepancy between large trucks and passenger vehicles is a major factor in the amount of damages caused in truck accidents. Truck accident attorneys can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Damages.

A truck accident attorney can assist with the assessment of recoverable compensation that may include medical bills, lost wages, property replacement, pain and suffering, the loss of companionship and future earnings in wrongful death actions.

Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts. Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000.It is best to speak with a personal injury attorney in Tyler Texas about case specifics.

Time limitations and government entities.

Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or survivor’s benefits when someone is killed in 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://www.fmcsa.dot.gov/

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

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf

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