Texas – February 11, 2021

A large scale vehicle accident occurred on Texas Interstate 35, resulting in six fatalities, over 65 people seeking hospital treatment with 36 of them being transported  by ambulance from the crash site.  In addition to those individuals who suffered fatal injury, three others had critical injuries resulting from the over 130 car crash caused by inclement weather.  Due to the 6 a.m. hour of the crash, many of the victims were healthcare workers, emergency responders and police officers who were able to assist other victims involved in the 130 vehicle accident.  The highway was littered with semi-tractor trailers, cars and trucks pointing in every direction and on top of each other in some cases.  Individuals who suffered physical injury, property damage, or loss of a loved one should speak to a personal injury attorney in Texas.

Motor vehicle accident insurance.

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. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.  An investigation is undertaken 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 a vehicle under the influence.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Carriers operating in Texas must adhere to the maximum length, height, width, and axle limitations and meet requirements for bridge and weight laws. The size discrepancy between large trucks and passenger vehicles is a major factor in the amount of damages caused in truck accidents. In a massive crash scenario, car accident attorneys and  truck accident attorneys can assist in the valuation of damages, and work with each other to file insurance claims, seek settlements and file civil suits when necessary to collect the necessary damage compensation that will cover injured parties after an accident.

Damages.

An accident attorney can assist with the assessment of recoverable compensation that may include medical bills, lost wages, property replacement, pain and suffering, the loss of companionship and future earnings in wrongful death actions.  Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts. Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000.It is best to speak with a personal injury attorney in Tyler Texas about case specifics.

Time limitations and government entities.

Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or survivor’s benefits when someone is killed in a multi-vehicle car accident involving cars, trucks, and commercial vehicles.

 

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.news-journal.com/ap/national/6-killed-in-130-vehicle-pileup-on-icy-texas-interstate/article_c0d1c2bb-0116-5115-9237-bedafb52a163.html

https://www.fmcsa.dot.gov/

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

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

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

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

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf