Texas – February 4, 2021

According to the National Highway Traffic Safety Administration data, distracted driving is causing death on roadways reaching over 3,000 people in 2017.  In 2018, the Texas Department of Transportation reported that 18% of all statewide auto accidents stemmed from distracted driving. This is a situation that can be resolved if drivers are reminded of the purpose of driving a motor vehicle, and the need for safety for all others on roadways they will share.  Individuals who are involved in an accident where distracted driving is found to be the cause should contact a personal injury accident attorney who can help with this matter.

Distracted driving.

Distracted driving is any activity that takes attention from driving causing potential roadway hazards. Commercial drivers have increased requirements as to safe driving practices as well.  The list includes simple things like tuning a car stereo, blowing your nose, eating, drinking, talking to people in the car, and the biggest culprit – talking and/or texting on a cellular phone.  When a trucker engages in these activities causing fatal injury and catastrophic damage to another, this fact may play some part in legal action proving negligence against them. Collisions between 18 wheelers and passenger vehicles are widespread in the United States, yielding high levels of damage to property, physical injuries, and fatalities. Contact an experienced attorney to assist in a wrongful death legal action when truck driver distraction is suspected.

Driver negligence.

Negligence will need to be proven for a successful settlement, supported by a degree of fault exhibited by a truck driver that led to catastrophic injury, property damage, or death. Experienced attorneys 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.

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. 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.  Always 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 vehicle under the influence.

Damages.

Recoverable compensation may include medical bills, lost wages, property replacement, pain, and suffering, along with loss of companionship and future earnings in wrongful death actions. A truck accident attorney can explain the difference between compensatory damages and punitive damages that may be awarded.

Hire an attorney.

Seek legal counsel from an experienced professional attorney who understands Texas trucking laws and how to build a case for damages.  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://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://www.ghsa.org/sites/default/files/2019-10/DistractedDrivingLawChart_Sept19.pdf

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

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