Texas – February 26, 2021

Truck size exacerbates driver fatigue dangers.

The heavy weight and expansive size of commercial trucks, at up to 80,000 pounds, can cause problems with maneuverability, stopping times in short distances, and the ability to avoid jack-knives and overturned vehicles because of cargo loads, when lane changes are necessary to avoid road debris, or other vehicles on Texas roadways.  Fatigued drivers have reduced abilities to swiftly act to correct roadway changes, or navigate through other driver errors due to foggy thinking and slower reaction times. The National Transportation Safety Board reports that truck driver fatigue may be a contributing factor in 30-40% of commercial truck accidents. In 2017, 4,657 fatal crashes involving large trucks occurred 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 fatigue is suspected.

Damage recovery.

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. 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.  An experienced truck accident attorney can assist with the collection of these important documents and explain their importance in building a case for negligence.

Multiple parties.

When investigation reveals driver fatigue to have played some part in a truck accident, it will need to be determined if the driver fatigue was the outcome of the lack of sleep chosen by the driver, driving too many hours in a row against federal laws, or employer pressure to deliver cargo on time. Multiple parties may be named in legal action if they were part of the problem that resulted in damages to another person.  A Texas truck accident attorney can identify parties to each case action based on their potential degree of negligence.

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.

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 your case’s best outcome toward compensation for damages and injuries caused by the truck accident. The Cooper Law Firm can assist in insurance claims and legal action for personal injury and property damages, or file wrongful death actions when someone is killed in a truck 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

 

https://www.fasigbrooks.com/tallahassee/

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