Texas – January 20, 2021

Trucking accidents in and around Longview occur frequently because of the increased number of trucks on Texas roadways. These accidents may be indicative of poor maintenance, or driver error, based on multiple factors, including limited health screenings.  The basis for most civil lawsuits is negligence, and settlements are based on the degree of fault exhibited to cause the injuries sustained.  If a driver, or trucking company was at fault for an accident because of maintenance, or driver screening, a truck accident lawyer can be of assistance to victims.

Trucking danger.

When a tractor trailer splits apart, brakes fail, or a tire shreds, causing impact crashes and leaving flying debris on the interstate, it is suspicious that some type of maintenance problem may have been missed in routine driver inspections.  Because a tractor-trailer is approximately 65 feet in length and can weigh up to 80,000 pounds when fully loaded, it can cause widespread damage to other cars and catastrophic personal injury.  If a driver is not well, and has a medical episode at the wheel, losing control of the massive vehicle could result in multiple car involvement, or toxic and combustible chemical spills on roadways that impact traffic patterns and endanger other drivers. A truck accident attorney in Longview can help build a case when a trucking company, or driver did not undertake appropriate safety measures.

Trucking safety regulations.

There are state and federal regulations that require tractor trailers to be inspected and maintained on a regular basis, and requirements for drivers to be evaluated to make sure they are in good health to reduce, or identify health problems that could render them dangerous in long distance driving situations which are required of commercial trucking companies and their deadline-imposed businesses.  Drivers are required to file accident reports with Texas Department of Motor Vehicles within 10 days of an accident when the accident resulted in fatality, injury, or property damage of $1,000 or more.

 Texas insurance and compensation.

The state of Texas requires a tractor trailer truck to carry a much higher minimum liability insurance policy than a passenger vehicle to cover the extent of catastrophic damage costs. Economic and non-economic damage awards are based on degrees of fault in the State of Texas and the 51% rule is utilized to determine a settlement valueA personal injury attorney can explain how the Texas “modified comparative negligence” rule will impact a case outcome.

Seek legal counsel.

A legal professional may help to mediate settlement amounts with insurance companies for damages caused by possible negligence and reckless driving.  Sometimes litigation may be the only way to remedy any loss to a victim of a trucking accident. Trucking accidents are complex and often require involved research by legal professionals at Cooper Law Firm, including collecting and reviewing trucking company records, maintenance, and travel logs, along with certificates of health for drivers and other records, or police reports that can shed light on the cause of the accident. Accident victims should consult with an accident attorney to determine “fault” and actions toward a legal proceeding to address all property damages and physical injuries sustained.

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.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html

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

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.nhtsa.gov/

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