Texas – December 29, 2020

Driver fatigue.

Operating an oversized vehicle, while fatigued creates deadly risks to all travelers and the reason that the federal laws outline “hours of service” for truck drivers. When truck accidents occur and personal injury results, an attorney experienced with trucking regulations can assist victims.  Commercial motor operators that drive big trucks have restrictions for trucks carrying property cargo limited to maximum hours driven; minimum hours off duty; and required rest after 60/70 hour driving limit, meaning a driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Commercial motor vehicle drivers that are carrying people have more stringent restrictions.  The United States Department of Transportation, 49 C.F.R. part 387, subpart A, assures insurance coverage in an amount equivalent to the minimum levels of financial responsibility set forth in those regulations. Deviations from these rules may strengthen a truck accident attorney’s case for negligence based on driver fatigue.

Big truck collisions.

Collisions between 18 wheelers and passenger vehicles are widespread yielding high levels of damage to property, physical injuries, and fatalities. One government study revealed that driver fatigue played a large part in 31% of the cases causing death. Contact an experienced attorney for guidance when catastrophic injury, or wrongful death occurs and truck driver fatigue is suspected.

Negligence.

Negligence must 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. Documentation associated with commercial trucking companies can support a claim of negligence caused by driving while fatigued.  Support documentation may include electronic time logs, cell phone information, truck inspection trip reports, GPS information, logbooks, and other documents that include time stamps such as bills of lading, or other receipts.

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. 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. Wrongful death attorneys can determine valuations of a case for insurance settlements, or legal cases in court.

Hire an attorney.

Contact a professional experienced accident attorney for a consultation, as they can research specific case facts and interpret the law to support a victim’s best outcome toward compensation for damages and injuries caused by the truck accident. The Cooper Law Firm has the resources to move forward toward a comprehensive settlement that is unique to each injury case resulting from a semi-tractor trailer accident in Texas.

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

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