If you’ve been hurt in a Texas truck accident or car crash, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and emotional distress caused by the accident. Truck accident compensation can be significant, but you will need the help of an experienced attorney who understands truck accident law and can help you navigate the legal process. Burch Law Firm can handle your personal injury claims while you focus on your recovery.
Here is a simplified guide about personal injury cases involving car and truck accidents in Texas:
Should I Report the Accident?
Holding a party responsible for an auto accident will require various evidence, such as:
- Police reports
- Recorded statements by the other driver
- Accident scene photos
- Eyewitness testimony
- Medical records
- Surveillance or traffic camera footage
- Cell phone logs
- Business records
As a result, accident victims can best protect their rights and interests by reporting a car or truck accident to the authorities. In fact, Texas law requires them to do so after any accident resulting in injury, death, or damage to vehicles sufficient to prevent them from being moved from the scene.
Who Is Responsible for the Accident?
Texas personal injury laws affect who you may hold liable for the physical harm and expenses caused by a truck or car accident.
In most cases, a car or truck driver involved in a motor vehicle accident will bear responsibility for resulting injuries and property damage. In truck and car accidents, one or more drivers of the vehicles involved in the collision may bear liability for the crash due to careless or reckless actions like:
- Speeding
- Swerving through traffic
- Following too closely
- Running red lights or stop signs
- Failing to yield the right of way
- Not signaling or checking mirrors
- Distracted driving
- Driving under the influence of alcohol or drugs
- Drowsy or fatigued driving
- Inadequate vehicle maintenance
- Carrying unsafe cargo loads
However, other parties can also bear financial responsibility for injuries and property damage, depending on the circumstances of the accident. Other potentially liable parties in car and truck accident cases include:
- An at-fault driver’s employer, who may bear vicarious liability for the driver’s negligence or direct liability for instructing the driver to engage in dangerous behavior behind the wheel
- The owner of the at-fault driver’s vehicle, which can cause a crash due to deferred vehicle maintenance or negligent entrustment of the vehicle to an at-fault driver
- A cargo loading company that improperly loaded the truck or trailer involved in the accident
- A vehicle or auto part manufacturer who sold a vehicle with a design or manufacturing defect that causes a mechanical issue that leads to a crash
- An auto mechanic who performs negligent maintenance work on a vehicle that suffers a mechanical failure
An experienced lawyer from Burch Law Firm can review your personal injury case to determine which party or parties are responsible for your injuries.
Who Pays Damages in a Car or Truck Accident?
Under Texas personal injury law, those who bear liability for a car or truck accident typically compensate personal injury victims through the driver’s insurance coverage. Texas requires drivers of personal vehicles to show proof they can pay for an accident they cause. Generally, this means carrying auto liability insurance that covers losses from any accident a driver may cause due to their negligent or wrongful act.
The law imposes minimum liability insurance requirements of $30,000 per person/$60,000 per accident of bodily injury liability coverage and $25,000 per accident of property damage liability coverage for drivers of passenger cars. An injured person can file an insurance claim with the at-fault driver’s liability coverage.
Trucking companies must have commercial liability insurance to cover losses caused by their vehicles and drivers. The minimum coverage requirement for a company depends on the type of cargo transported by the trucking company, as follows:
- Commercial vehicles with a weight of 26,000 pounds or less transporting household goods: $300,000
- Commercial vehicles with a weight of more than 26,000 pounds transporting household goods: $500,000
- Commercial vehicles transporting oil or certain hazardous materials: $1 million to $5 million, depending on the type of hazardous material
Truck accident injuries tend to be severe, so this is why the minimum insurance amounts are so much higher in commercial truck accident cases. However, when more serious injuries are involved, it can be difficult for accident victims to receive fair compensation because the defendant and their insurance company will fight hard to minimize payouts. You need an experienced lawyer on your side who can fight back against the negligent trucking company.
State and Federal Regulations for Truck Drivers
State and federal regulations impose various requirements and duties on commercial truck drivers. Truck drivers must have a commercial driver’s license issued for the class of vehicle the driver operates. Texas issues Class A, B, and C commercial driver’s licenses. Truck drivers may also need license endorsements to carry certain cargo or operate specific types of vehicles. Many truck drivers also must obtain medical certification, signifying their fitness to operate a commercial truck.
Trucking regulations require drivers to conduct pre- and post-trip inspections and report any vehicle condition that may affect safe operation. Truck drivers must only resume operating the truck once they determine that the truck owner or trucking company has remedied the safety condition. Truck drivers must also inspect their cargo loads regularly and add securing devices to prevent cargo items from shifting or falling out of the truck during travel.
Finally, hours of service regulations limit the time truck drivers may spend on duty and behind the wheel. These regulations ensure that drivers get adequate rest and avoid fatigued driving, which can increase the risk of a truck accident.
How Comparative Negligence Works
In many car or truck accidents, multiple drivers involved in the crash share responsibility for causing the accident. When an injured driver bears some fault for a motor vehicle accident, Texas’s comparative negligence/proportionate responsibility rules will determine their legal options to seek compensation for their harm and loss.
Under these rules, an injured driver cannot seek financial recovery if they bear more than 50 percent of the fault for the auto accident. Furthermore, the comparative negligence principle states that an injured party may have their compensation reduced in proportion to the percentage of fault they bear for the motor vehicle crash to reflect their share of liability.
Filing Deadline for Car and Truck Accidents in Texas
Under the Texas statute of limitations, you typically have two years to file a personal injury lawsuit against a responsible party for injuries you suffered in a car or truck accident. Because of this deadline, you can protect your rights by speaking with an auto accident attorney as soon as possible to prepare your case and give yourself the best opportunity to file your claims on time.
Contact an Experienced Car and Truck Accident Attorney for a Free Consultation Today
If you’ve been hurt in a car or trucking accident someone else caused, you deserve fair compensation for your harm and loss you can pursue through a personal injury claim. Contact Burch Law Firm today for a free, no-obligation case evaluation with an experienced personal injury attorney to learn how our firm helps pursue the compensation and justice you’re entitled to.
