Texas – October 17, 2020

Big truck collisions.

Passenger vehicle drivers have frequent encounters with large commercial trucks traveling throughout the United States to maintain the nearly $700 billion dollar U.S. shipping industry,  resulting in widespread collisions between 18 wheelers and passenger vehicles throughout the nation.  In 2017, the National Highway and Safety Administration statistics revealed 4,657 fatal crashes in the United States involving large trucks, and more than 21 percent of those drivers involved had at least one prior speeding conviction. Even when a crash does not result in fatality, the size discrepancy can yield high levels of damage to property, and lifelong physical injuries, where the services of legal counsel are required. One government study revealed that driver fatigue played a large part in 31% of the cases causing death. Contact an experienced attorney to assist in a wrongful death legal action to determine if driver fatigue, improper maintenance, or faulty equipment caused the accident.

Just last month near San Antonio, a young man lost his life when a tractor trailer’s braking system failed, causing a multi-vehicle collision on I-35 near Thousand Oaks Drive.  The tractor trailer was unable to stop according to the driver, causing it to push the Honda Civic that the 31-year old man was driving into another car.  The driver of the second car was transported to Brooke Army Medical Center with critical injuries.  A car accident attorney can answer questions victims have regarding compensation for their damages.

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. Documentation associated with commercial trucking companies can support a claim of negligence caused by faulty equipment, or improper maintenance, as well as determining if driver fault was the cause.  It takes 40% more braking time for a tractor-trailer to stop compared with a passenger sized vehicle.

Insurance.

Texas is a “fault state,” meaning that responsible parties to an accident will have to compensate the other parties involved. 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. Police should always be called when injury or fatality occurs, the vehicle cannot be moved, 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.

Hire an attorney.

Contact a professional experienced accident attorney for a consultation.  Experience legal counsel at the Begum Law Group can research specific case facts and interpret the law to support a case’s best outcome toward compensation for damages and injuries caused by a tractor trailer truck accident.

 

Begum Law Group

5826 W Interstate 10 Ste 102
San Antonio, TX 78201-2852

Phone: 210.944.4009

Fax: 956.982.8602

 

Sources:

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812663

https://www.kens5.com/article/news/local/one-person-killed-in-wreck-involving-tractor-trailer-and-two-vehicles/273-ba428d10-18b1-4edf-b528-d0604730facf

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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