Truck accidents are among the most severe and complex motor vehicle collisions. The sheer size and weight of commercial trucks can cause catastrophic damage, leading to severe injuries and even fatalities. The aftermath can be legally intricate when a truck driver causes an accident, especially under Texas law.
Below, the Pearland truck accident lawyers at J.D. Silva & Associates, PLLC, explain what happens when a truck driver causes an accident. Texas law describes liability, the legal procedures, and potential compensation for victims.
Truck Accidents Are Common in Texas
Commercial trucks, including semi-trucks, 18-wheelers, and tractor-trailers, are vital to the economy, transporting goods across vast distances. However, their size and mass make them dangerous on the road.
According to the Federal Motor Carrier Safety Administration (FMCSA), Texas leads the nation in the number of truck accidents, with over 18,750 crashes reported in 2023, causing thousands of injuries and fatalities. Due to the force of impact, these accidents often result in more severe injuries than car accidents.
Causes of Truck Accidents
Several factors can contribute to truck accidents. Understanding these causes is crucial in determining liability and pursuing compensation. Common causes include:
- Driver fatigue: Truck drivers often work long hours, leading to fatigue, which impairs their ability to react and make sound judgments.
- Speeding: Due to tight delivery schedules, truck drivers may exceed speed limits, increasing the risk of accidents.
- Distracted driving: Using mobile phones, GPS devices, and other distractions can lead to accidents.
- Impaired driving: Alcohol and drug use, including prescription medications, can impair a driver’s ability to safely operate a truck.
- Mechanical failures: Brake failures, tire blowouts, and other mechanical issues can cause accidents.
- Improper loading: Overloaded or improperly loaded cargo can affect a truck’s stability and handling.
Legal Framework for Truck Accidents in Texas
When a truck driver causes an accident in Texas, multiple legal principles and regulations apply. Given the interstate nature of commercial trucking, the legal framework encompasses both state and federal laws.
Federal Regulations
The FMCSA sets regulations that govern commercial trucking. These regulations include limits on the number of hours a driver can operate a truck without rest, called the hours of service (HOS). They also mandate drug and alcohol testing for drivers to prevent impaired driving.
The regulations also describe schedules for regular inspections and commercial truck maintenance.
Texas State Laws
In addition to federal regulations, Texas has specific laws and statutes that apply to truck accidents:
- Texas Transportation Code: This code governs the operation of commercial vehicles within the state.
- Negligence laws: Texas follows a comparative negligence rule, meaning fault can be distributed among multiple parties, and you can recover compensation if you are less than 51% at fault for the accident.
- Statute of limitations: In Texas, the time limit for filing a personal injury lawsuit is typically two years from the date of the accident.
Determining Liability in Truck Accidents
Liability in truck accidents can be complex, involving multiple parties. Identifying the responsible parties is crucial for pursuing compensation. Potentially liable parties include:
- Truck driver: The driver may be directly liable if their actions, such as speeding or distracted driving, caused the accident.
- Trucking company: Employers can be held liable for their drivers’ actions when acting within the scope of their employment. Additionally, the company may be liable for negligent hiring, training, or supervision.
- Vehicle manufacturer: The manufacturer could be liable if a mechanical failure caused by a manufacturing defect caused the accident.
- Maintenance providers: Companies responsible for truck maintenance can be liable if improper maintenance leads to an accident.
- Cargo loaders: Improper loading practices can lead to accidents, making cargo loaders potentially liable.
Truck accident cases can involve multiple factors, and proving liability can be complex. Our experienced Pearland truck accident attorneys can help gather evidence, identify responsible parties, and build a strong case.
Steps to Take After a Truck Accident
Taking specific steps can protect your rights and strengthen your case if you are involved in a Texas truck accident. Take the following actions right after and in the days following your crash:
- Ensure safety: Move to a safe location if possible and check for injuries.
- Call 911: Report the accident and request medical assistance if needed.
- Document the scene: Take photos and gather information from witnesses.
- Exchange information: Obtain contact and insurance information from the truck driver, other parties involved, and witnesses.
- Seek medical attention: It is essential to get medically evaluated, even if your injuries seem minor.
- Report the accident: File a report with the Texas Department of Transportation if required.
- Contact a truck accident lawyer in Pearland: Consult with our personal injury attorneys experienced in truck accidents to understand your legal options.
Notify your insurance company and the trucking company’s insurer about the accident. Insurers will investigate the accident to determine liability and damages. Your attorney can file a legal complaint outlining the facts of the case and the damages sought, negotiate to reach an out-of-court settlement, and go to trial if needed.
Compensation for Truck Accident Victims
As a truck accident victim, you may be entitled to various forms of compensation, such as:
- Medical expenses: Covers the cost of medical treatment, including hospital stays, surgeries, and rehabilitation
- Lost wages: Compensation for income lost due to the inability to work
- Pain and suffering: Non-economic damages for physical pain and emotional distress
- Property damage: Compensation for damage to your vehicle and other personal property
- Punitive damages: In rare cases of gross negligence, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
Several factors can influence the amount of compensation you may receive, including the severity of your injuries, who is liable, insurance coverage, and comparative negligence.
Challenges in Texas Truck Accident Cases
Truck accident cases present unique challenges that can complicate the legal process. Your attorney can determine which federal and state regulations apply and whether multiple parties are at fault. They will push back against any insurance company tactics to minimize or deny claims.
Because truck accidents can cause severe injuries that complicate medical treatment and compensation calculations, it’s vital that you keep accurate records.
Your attorney can work with medical and other specialists to create an estimate that includes your projected future care costs.
The Role of Our Experienced Pearland Truck Accident Attorneys
Given the complexities of truck accident cases, having an experienced attorney from J.D. Silva & Associates, PLLC is crucial. Our truck accident lawyers can:
- Investigate the accident: We will gather evidence, interview witnesses, and consult experts.
- Negotiate with insurers: We will handle communications and negotiations with insurance companies.
- Represent you in court: We will advocate for your rights and interests in court if necessary.
- Maximize compensation: We will work diligently to ensure you receive fair and full compensation for your injuries and losses.
Our skilled team of truck accident lawyers knows how a truck accident can physically and financially affect you and your family. We are committed to fighting for the compensation you deserve after a truck driver’s negligence causes you injuries and other damages in an accident.
J.D. Silva & Associates, PLLC Will Fight for You After a Truck Accident
After a crash, you need skilled professionals who can manage what happens when a truck driver causes an accident, according to Texas law. If you or a loved one are in a truck accident, it is essential to seek the assistance of our experienced truck accident attorneys, who can help you achieve the justice and compensation you deserve.
Contact us today to schedule a free consultation with our skilled personal injury team. Prompt action and professional legal assistance are key to securing the best possible outcome in a Texas truck accident case.