Texas – February 3, 2021

The fatality rate on Texas roadways for 2019 was .26 deaths per hundred million vehicle miles traveled. Based on reportable crashes in 2019, 1 person was killed every 2 hours 26 minutes and  1 person was injured every 2 minutes 3 seconds.  Truck accident attorneys can guide Midland Texas crash victim’s action toward damage recovery.

Post-accident actions.

Individuals who are involved in a tractor trailer accident in Midland Texas should:

  1. Check on the condition of the people involved in the accident,
  2. Call the police or emergency responders if needed,
  3. Get a written accident report,
  4. Remain at the accident scene,
  5. Exchange driver and insurance information,
  6. Get witness contact information,
  7. Call insurance company to set up a claim,
  8. Seek out medical treatment if necessary,
  9. Take pictures of the scene, and the vehicle damages,
  10. If the truck is a Commercial Vehicle, get a Texas State Trooper report.

Call a truck accident attorney to determine “fault” and actions toward a proceeding to address damages and injuries sustained.  In certain situations, if an attorney believes accident victims have a substantial case, they may take the case on contingency, whereby victims will not have to pay any money up front, rather payment will be part of the settlement award with an insurance company, or through a court case action.

Fault in Texas.

Texas is an “at 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. In many instances multiple parties can be named as defendants in a legal claim as they may have had some direct, or indirect action that led to a truck accident.  A personal injury lawyer can explain Texas negligence laws that stipulate damages are proportionate to the claimant’s degree of fault, but utilizes the 51% rule, whereby an injured person can be up to 51% responsible for an accident and still collect damages.

Accident-related data and research.

A legal professional carries the burden of collecting and analyzing the data related to the above list to reduce the overwhelming task for accident victims trying to recovery from physical and financial injury.  Determining the percentage of fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.  Safety records, maintenance records, driver’s logs and information regarding licensure and past citations, or offenses of any of the parties will play a part in supporting legal action related to a specific accident situations.  Contact a truck accident attorney with any questions relevant to support case documents.

Recoverable damages.

Damages covered may include medical bills, lost wages, property replacement, and wrongful death claims with a whole plethora of future financial and personal losses to consider.

Hire a lawyer.

Seek legal counsel from an experienced professional attorney who understands Texas trucking laws and how to build a case for damages. They will adhere to Texas statute of limitations for personal injury actions and initiate legal claims within that two year timeline from the date an injury occurred.  The Cooper Law Firm has the resources to yield a swift and comprehensive settlement that after 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://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf

TEX. CIV. PRAC. & REM. CODE § 33.011(1)

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

 

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