Texas – November 12, 2020

One person was fatally injured after a two-vehicle crash involving an 18-wheeler near Longview. A pickup truck turning north from Scottsville Highway in Marshall was hit by the southbound big rig.  The driver of the pickup truck sustained fatal injury at the scene and the crash is being investigated by the Marshall Police Department with the assistance of the Texas Department of Public Safety Highway Patrol.

Increased risk of damage and death.

 The size contrast between passenger vehicles and big rigs yields high levels of damage to property, and causes catastrophic injury, and death when accidents occur. Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds, which may move them to the Commercial Motor Vehicle category and change some of the laws regarding damage compensation for victims, and their families in the case of a wrongful death.

Post-accident actions.

 The immediate action of drivers and witnesses after an accident involving a tractor trailer may have some bearing on the strength of a legal case.

  1. Call the police or emergency responders if needed,
  2. Get a written accident report,
  3. Remain at the accident scene,
  4. Exchange driver and insurance information,
  5. Get witness contact information,
  6. Call insurance company to set up a claim,
  7. Seek out medical treatment when necessary,
  8. Take pictures of the scene, and the vehicle damages,
  9. If the truck is a Commercial Vehicle, get Texas State Trooper report,
  10. When possible, the law requires accident victims to move vehicles out of the flow of traffic.

Always call the police when an injury, or fatality occurs, the vehicle cannot move, a driver has no insurance, a driver leaves the scene, or a driver is operating vehicle under the influence.

Responsible party pays in Texas.

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.  Jury awards and settlements are based on the degree of fault proven by a truck accident lawyer to cause the injuries sustained.  Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages in a Texas personal injury claim, but if fault is more than 51% for the accident, victim will not be able to recover compensation for accident expenses.

Damages and filing action.

Damages for personal injury and wrongful death claims include related medical bills, lost wages, property replacement, funeral expenses when applicable, and pain and suffering. Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Hire a lawyer.

Seek legal counsel from an experienced professional attorney who understands trucking industry regulations. The Cooper Law Firm has the resources to determine the percentage of fault applied to each driver after reviewing police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident so they can move forward to a proper settlement that is unique to each truck accident case.

 

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.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

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

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.cbs19.tv/article/news/local/crash-involving-18-wheeler-on-loop-390-in-marshall-leaves-1-dead/501-31a1dc59-5151-48a1-8f42-8c2c31bf9666

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