A horrific accident involving a truck owned by Castellano Trucking in Houston Texas occurred when Mr. Aguilera-Mederos could not stop the semi-trailer he was driving due to brake failure, and emergency brake failure. The truck was traveling at a high speed in Colorado, when it crashed into other vehicles that caused the death of four people and injury to six more. The trucking company’s safety records revealed multiple maintenance violations over the past two years, including those related to brakes and brake systems.
Texas and Colorado are both at “fault states” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. In this instance, the driver may be found partially at fault due to traveling at excessive speeds. However, the trucking company may be found to hold a higher degree of fault if negligence in caring for the vehicle led the driver to crash.
Texas negligence laws stipulate that 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 and Colorado negligence laws stipulate that damages are proportionate to the claimant’s degree of fault, but utilizes the 50% rule, whereby an injured person can be up to 50% responsible for an accident and still collect 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. If the injured driver’s injuries or damages exceed the coverage amount of the at-fault driver’s insurance, then the injured driver would be able to sue the at-fault driver to collect the difference. There will probably be more than one legal action against the truck’s driver since there are four deaths, and multiple injuries to other parties.
Contacting a knowledgeable personal injury attorney is important because things can get confusing in a truck accident with multiple parties and venues, and the possibility of criminal and civil claims. The driver may not be the only person you can sue if severe injuries or death occurred. A truck driver may not have the ability to pay for the damages, or may be seriously injured. If the truck driver was working when the accident happened, the trucking company can be sued along with the driver through vicarious liability. If the trucking company was in violation of federal trucking regulations, punitive damages may be sought after along with compensatory damages.
Hiring an Attorney.
The compensation for the loss of a loved one due to negligence of a truck driver and trucking company in the Houston area can cover medical expenses, property damage, disability for permanent injury, funeral costs and wrongful death cost burdens on accident victims, and their families. Financial damages include property damage, medical bills, loss of income and wages, and pain and suffering due to injury and permanent disabilities that may be suffered resulting from an accident along with loss of life. Hire the legal team at Reich & Binstock to assist with legal questions and procedures related to insurance and court actions brought about by the truck accident.
Law Office of Reich & Binstock
4265 San Felipe
Houston, TX 77027
Toll Free: 877-643-3099
TEX. CIV. PRAC. & REM. CODE § 33.011(1)