Texas – December 30, 2020

Successful damage awards to cover personal injury loss and property damage after a truck accident are dependent on proving negligence of parties that may have contributed to the accident.  If a driver, trucking company, employer, or parts manufacturer were at fault for an accident because of maintenance lapses, driver screening, faulty parts, improper cargo loading, or driver negligence, a truck accident lawyer can be of assistance to victims.

Elements required to prove negligence.

A truck accident attorney in Texas can review an accident victim’s case to see if it meets all of the requirements to prove negligence including:

  • Duty of care is a legally recognized relationship between the parties of a lawsuit where one party has an obligation to exercise reasonable care that a person in the same situation would exercise. In terms of drivers, there is an expectation that drivers maintain their vehicles in safe conditions and operate in accordance with traffic laws.
  • Breach of duty is when one party to the action did, or did not do something that a reasonable person would do in the same, or similar circumstances. For instance, a trucking company driver did not allow enough stopping distance between themselves and another vehicle causing them to crash into the back of their vehicle.
  • Causation reveals that the trucking company, or driver’s breach of duty caused the personal injury loss, or property damages and was foreseen to some extent, unlike an accident caused by an unforeseen act of nature. A driver’s failure to pay attention to the road causing them to crash into vehicles is directly related to personal injuries sustained by anyone who was hit in the crash.
  • Damages are the measured losses suffered by the accident victim. They include medical care, lost wages, personal pain and suffering, and funeral and burial expenses when truck accidents result in death.

Trucking size dangers.

A tractor-trailer is approximately 65 feet in length and can weigh up to 80,000 pounds when fully loaded, and can result in widespread damage to other cars and catastrophic personal injury.  A truck accident attorney in Longview can help build a case when a trucking company, or driver did not undertake appropriate safety measures, including adherence to state and federal regulations that require tractor trailers to be inspected and maintained on a regular basis, and requirements for drivers to be evaluated.

Insurance compensation.

The state of Texas requires a tractor trailer truck to carry a much higher minimum liability insurance policy than a passenger vehicle to cover the extent of catastrophic damage costs. Economic and non-economic damage awards are based on degrees of fault in the State of Texas and the 51% rule is utilized to determine a settlement value.A personal injury attorney can explain how the Texas “modified comparative negligence” rule will impact a case outcome.

Seek legal counsel.

A legal professional may help to mediate settlement amounts with insurance companies for damages caused by possible negligence and reckless driving.  Sometimes litigation may be the only way to remedy any loss to a victim of a trucking accident. Trucking accidents are complex and often require involved research by legal professionals at Cooper Law Firm.

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.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html

https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts

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.nhtsa.gov/