Texas – November 27, 2020

Big truck collisions.

Federal Motor Carrier Safety Administration data reveals collisions between 18 wheelers and passenger vehicles are widespread in the United States. From 2017 to 2018, the number of large trucks involved in fatal crashes increased 1 percent, from 4,804 to 4,862 while those involved in injury crashes increased by 5 percent, from 107,000 to 112,000 and large trucks involved in property damage only crashes increased by 14 percent, from 363,000 to 414,000.  One government study revealed that driver fatigue played a large part in 31% of the cases causing death. Contact an experienced truck accident attorney to assist in a wrongful death legal action when truck driver fatigue is suspected.

Wrongful death action.

A wrongful death attorney can help victims with formal legal actions that are filed in court when a person dies because of the negligent, reckless, or deliberate act of another person, or entity.  A determination of who is at fault for an injury leading to wrongful death must be proven.  In certain cases, the liability falls upon more than one party, such as the trucking company, or mechanics servicing the truck, and may even include a portion of fault placed upon the person who died.

In Texas, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death.  A Texas wrongful death attorney can assist with damage valuations and timelines relevant to a specific case.

Compensation.

An experienced truck accident attorney can assist with a claim on behalf of a victim’s family, or personal representative of the estate to seek monetary damages that cover funeral and burial expenses, medical expenses, pain and suffering, loss of wages and potential future earning capacity, and the loss of companionship, or consortium.  Damages may be broken down by those that relate to the individual who died, and those that are necessary to compensate those left behind.

  • Survival damages are calculated based on expenses related to the care in the final days of life for the deceased, as well as funeral and burial expenses.
  • Loss damages include those related to lost income, the deceased’s contribution to household upkeep, and the loss of affection and comfort to a spouse and support and guidance to children.

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.

Negligence.

A personal injury attorney will need to prove negligence for a successful settlement, supported by a degree of fault exhibited by a truck driver leading to fatal injury. Documentation associated with commercial trucking companies can support a claim through trucking logs, maintenance reports and driver’s history.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a wrongful death case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, and 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://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

https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2018

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