Texas – July 4, 2021

Big trucks and increased fatalities.

Forty-Nine Thousand One Hundred and Nineteen people died in fatal crashes involving large trucks on U.S. Roadways in 2019 and 67% of those individuals were occupants of other passenger vehicles. The services of experienced accident attorneys who initiate legal action toward comprehensive damage recovery for surviving families, as well as injured motor vehicle accident victims are paramount to moving forward after a semi-tractor trailer accident in McAllen Texas. Texas truck accident attorneys can explain the relevance of driver qualifications and criminal infractions on the occurrence of fatal truck accidents. Truck drivers employed by motor carriers in the State are required to have a driver qualification file that includes certification of driver violations.  When violations reveal poor driving records, other parties may be held responsible for damages apart from the driver.

Negligent behavior.

A tractor trailer driver may have been negligent and their actions might bring about criminal prosecution, including driving under the influence of alcohol, or drugs; and/or reckless driving, that could cost a truck driver his commercial driver’s license when those types of activities are proven to be the cause of the accident.  Drivers who are involved in a truck accident because of their own negligent acts should be concerned about losing their commercial license, job, or the ability to drive and maintain a living.  An experienced attorney at The Webster Law Firm can guide accident victims through the litigation processes and explain how criminal behaviors of truck drivers may strengthen the recovery of damage awards.

Types of truck accidents.

Common types of truck accidents include rollover, jackknife, and underride situations.  Rollover and jackknife accidents occur when the driver brakes, causing the trailer to slide around toward the front of the cab, and in a rollover the truck will turn sideways and begin to roll.  Any of these types of accidents can cause damage to nearby vehicles due to the extreme difference in size and weight.

Because truck driver negligence is costly, accident victims may file personal injury lawsuits against a driver who has a pending criminal charge for the accident.  Most truck accidents leave victims with severe, life altering injuries that can cause future loss and pain and suffering.  Even minor injuries resulting from a tractor trailer accident should be investigated by insurance and legal professionals to ascertain if there may be a valid claim for medical expenses.

Damages.

Claims can be made for medical expenses, lost wages, and compensation for pain and suffering and future earnings.  If a death occurs due to the accident, a wrongful death lawsuit can be filed.  Legal professionals may assist with the burden of collecting and analyzing the data related to your case. Fault determinations will need to be made, but criminal charges for acts of negligence that caused the truck-involved accident may impact percentages of fault on a truck driver.

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.  Damages covered include medical bills, lost wages, property damages.  Depending on the extent of damage to property, or injuries sustained by a person in an accident, the minimum might not cover the whole recovery amount. Texas utilized the 51% comparative negligence standard and injured parties can be up to 50% responsible for an accident and still recover compensation.

Hire an attorney.

If you have been involved in a truck accident and criminal charges have been placed against the truck driver, contact a professional experienced truck accident attorney at The Webster Law Firm, as they can research specific case facts and interpret the law to support your case’s best outcome.

The Webster Law Firm

6200 Savoy Drive
Suite 150
Houston, TX 77036
Telephone: 713-396-5197

Sources:

https://www.iihs.org/topics/fatality-statistics/detail/large-trucks

https://www.ecfr.gov/cgi-bin/text-idx?SID=51a9a8b4cb86d7cc6434504ca61fa69f&mc=true&node=se49.5.391_127&rgn=div8

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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