In 2017, 4,657 fatal crashes of large trucks occurred in the United States, which is significantly lower than the 19,986 light truck crashes that same year. Trucks are involved in all kinds of accidents yielding high levels of damage to property, physical injuries and fatalities. 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 and damages to be sought after in personal injury situations.
Responsibility 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. 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.
The basis for most civil lawsuits is negligence, and settlements are based on the degree of fault exhibited to cause the injuries sustained. “Fault” is based on the degree of negligence measured by an individual failing to exercise the degree of care expected of someone in a similar situation. If the injuries or damages exceed the coverage amount of the at-fault driver’s insurance, then the injured driver would be able to sue the negligent driver to collect the difference based on the degree of fault applied to each driver in the accident.
Comparative negligence (51% rule).
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 you were more than 51% responsible for the accident, you are not able to recover compensation for your accident expenses.
If you are able, check on the condition of the people involved in the accident;
- Call the police or emergency responders if needed;
- Get a written accident report;
- Remain at the accident scene;
- Exchange driver and insurance information;
- Get witness contact information;
- Call your insurance company to set up a claim;
- Seek out medical treatment if necessary;
- Take pictures of the scene, and the vehicle damages;
- If the truck is a Commercial Vehicle, get State Trooper report.
- If you are in a collision and no one is hurt, don’t wait for the police before moving your vehicle. If you can drive the vehicle, the law requires you to move it out of the flow of traffic.
When should the police be called?
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.
Hire an attorney.
Seek legal counsel from a professional attorney at The Blizzard Law Firm, as they interpret the law to support your case’s best outcome toward compensation for damages and injuries caused by the truck accident. 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.
Blizzard Law Houston Accident Lawyers
5020 Montrose Blvd
Houston, TX 77006
Phone: 800-349-0127 or 713-844-3750