Apart from the obvious size and weight differences between a truck and a car, there are a few legal factors that differentiate between a truck accident and a regular car accident. Firstly, the definition of a truck needs to be clarified. In Texas, a truck is any vehicle that is utilized to transport goods as its primary purpose. So, if anyone owns a large vehicle which they use primarily to deliver items and products, it will most likely be considered a truck.
Some common names of different types of trucks include 18-wheelers, Big rigs, Tractor-trailers, delivery trucks, oil trucks, gas trucks, and tow trucks. The legal implications for getting into an accident with these different types of trucks can vary from case to case. Hiring a truck accident lawyer in McAllen, Texas is a good way for drivers to get access to the information they need regarding truck accident laws and the settlement amount they are entitled to based on how their accident took place.
The main legal difference between truck accidents and car accidents becomes apparent when the time comes to attribute fault. In an ordinary car accident, the fault is usually either because of one driver or the other. In some cases, it may be due to a third party, such as the government for not maintaining the roads appropriately. Truck accidents, on the other hand, are a lot more complicated. Truck accidents not only generally involve more drivers in the collision, but there are many other parties, such as the trucking company, and truck manufacturing company who may be held liable.
Most truck drivers actually do not own the vehicle they are delivering goods in. The actual owner of the truck, whether it’s a company or another individual, can be held liable for the accident depending on how the collision took place.
What are my chances of getting fairly compensated after a truck accident in Texas?
Texas is known for its very high rate of fatal truck accident cases. The National Highway Transportation Safety Administration (NHTSA) reveals that 72% of individuals who were killed and severely injured after a truck accident were the occupants of other vehicles, and not the truck driver themselves. Since there are far more chances of a driver being severely injured during a truck accident, their chances of getting compensated for their damages are also much higher.
It is important to note that a person will only receive their settlement if they can provide evidence of the severity of the damages they suffered. A lawyer will be able to assist a person in gathering this required evidence. An attorney can also help prove that the truck driver had not been abiding by the law and this negligence is what caused the accident to occur. In title 49 of the Code of Federal Regulations, the regulations regarding truck driver qualifications and requirements are outlined in some detail. Truck drivers are required by law to have the required licenses, to maintain their vehicles adequately, to comply with roadside investigations, to carry a minimum insurance amount, and to only drive for a very specific number of hours on a weekly basis.
If a driver was failing to comply with these rules their fault will be increased and it will be easier for the injured party to receive compensation for their damages.