Texas – December 7, 2020

Collisions between 18 wheelers and passenger vehicles continue to be widespread in America.  Trucks are involved in all kinds of accidents yielding high levels of damage to property, physical injuries, and fatalities. Texas accident attorneys can guide a victim’s requests for damages.

Negligence and fault.

Texas lawsuits are built upon negligence, and settlements are based on the degree of fault exhibited to cause injuries and damages that result from an accident.  “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.  When damages exceed the insurance coverage amounts of an at-fault driver’s insurance, then the injured driver may sue a negligent driver, with assistance from an accident attorney, to collect damages based on the degree of fault applied to each driver of the accident. Truck driver fatigue is cited in many catastrophic accident cases, but some fault may fall upon trucking companies because truckers are paid by the mile and delivery schedules may be time sensitive.  Logs can be falsified when enforcement is relaxed, and one government study revealed that driver fatigue played a large part in 31% of the cases where the driver died.  Truck accident lawyers can build cases on trucking logs and other documents that may prove driver fatigue.

Insurance responsibility.

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.

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.

Post-accident action. 

Accident victims should 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.

  1. Get a written accident report,
  2. Remain at the accident scene,
  3. Exchange driver and insurance information,
  4. Collect witness contact information,
  5. Call insurance company to set up a claim,
  6. Seek out medical treatment if necessary,
  7. Take pictures of the scene, and the vehicle damages,
  8. If the truck is a Commercial Vehicle, get State Trooper report.
  9. If  no one is hurt, accident victims should not wait for the police before moving a vehicle out of traffic.

Hire an attorney.

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.  The Cooper Law Firm has the resources to move forward toward a proper insurance settlement, or court award 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.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