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Any number of individuals, companies, maintenance personnel, truck manufacturers and equipment manufacturers may be linked to the accident in some manner, and a lawyer may sue anyone so involved. Liability is not always attributable to just the truck’s driver; named defendants may also include, but not be limited to, the shipper, trailer owner, and trucking company as well.
Trucking accidents are one of the most complicated situations for everyone involved because there are numerous defendants who could be named to potential lawsuits.
You may be able to receive compensation for your injuries if another party was at-fault for the crash. In commercial truck accident cases, the fault often lies with the driver, but that is not always the case. Several entities could be named in a truck accident lawsuit, including:
The complexity of a truck accident lawsuit cannot be underestimated, as it also may involve various jurisdictions and various laws. This is one of the major reasons why it is wise to consult with an experienced Austin truck accident attorney to help you navigate the legal system and secure fair and equitable compensation.
Another doctrine of the law that may be invoked in a truck accident case is that of respondeat superior. This is a legal theory holding a company responsible for a traffic accident caused by a trucker – provided the driver was an employee acting in the scope of their employment.
In other cases, it may be that the trucker was partially to blame for a crash, but that you were also at-fault by tailgating or cutting the driver off while passing. If that is the case, Texas follows the modified comparative fault law. This means that you are eligible to recover damages limited to your percentage of fault for the crash. If you were more than 50 percent at-fault, you cannot recover any damages.
All truck accident cases must be filed within two years from the date of the accident to proceed. If a government vehicle is involved, the window for filing a claim is much shorter. Do not delay contacting an attorney to find out how that may affect you.
If someone you loved was involved in a truck accident, it may also be appropriate to file a wrongful death lawsuit. Again, this is something that a knowledgeable truck accident attorney can help you sort out. It is best to know your legal rights, as the more informed you are, the better your decisions may be.
There are a number of potential parties that may be sued in the aftermath of a big rig accident. Depending on what caused and contributed to the accident, you could sue:
Each truck accident case is unique and all aspects of the crash should be thoroughly examined by an experienced truck accident attorney to ensure victims are compensated for their injuries. In some instances, a truck accident that resulted in a death may be an appropriate time to file a wrongful death lawsuit.
While it is indeed an accident, a collision with a big rig is subject to different rules and regulations than one involving two passenger vehicles. The same laws of negligence are applicable. However, there are special Vehicle Code sections only applicable to commercial trucking companies and truckers and special training and licensing requirements for truckers that, generally speaking, make accidents easier to win for plaintiff victims.
The law mandates that trucking companies keep records that must be produced for trial. These documents are often destroyed if an attorney for the plaintiff does not secure them quickly.
In Texas, a truck is any vehicle that is primarily used to haul property or goods.
Generally, when someone refers to being involved in a truck accident, they mean a collision involving a large commercial vehicle such as:
It is important to know that additional laws that may govern your case depending on the type of truck or the characteristics of the truck that caused your automobile accident.
Awards and/or settlements in cases involving big rig accidents tend to be higher than accidents involving passenger vehicles because of the severity of injuries or even death. Often 18-wheeler accidents can mean life-altering injuries or death.
Professional truck drivers are subject to more rules and regulations than an ordinary driver. First, they must obtain a commercial driver’s license. Second, truck drivers must follow numerous safety regulations, such as only driving the specified number of hours per day, only drive at a certain speed, not text and drive, and must not drive under the influence of drugs and/or alcohol.
If a truck driver and/or the company they work for does not exercise extreme caution and adhere to safety standards, settlements and jury awards can be quite high. If evidence at the scene of an accident indicates a driver or the trucking company did not follow safety procedures, juries do not tend to look on such behavior favorably.
Due to their size and weight, trucks can weigh up to 80,000 pounds, accidents involving them are often catastrophic. A collision between a truck and a passenger vehicle will often result in severe injuries or even death.
The most common injuries sustained in truck accidents include but are not limited to:
In Texas, a jury may award economic and non-economic damages for these injuries. Economic damages typically include lost wages and medical costs, and non-economic damages typically refer to pain, mental anguish and physical impairment.
There are three categories of damages that may be applicable, depending on the nature of the case and the extent and nature of your injuries. Special damages, general damages and, in the case of egregious negligence, punitive damages. General damages typically includes pain and suffering. Special damages relate to medical bills, co-payments, mileage, lost wages, etc. Punitive damages may be awarded if the negligence in the case is so egregious that a court awards damages as a punishment, and to make an example of a defendant.
Negligence occurs when someone acts in a careless manner, which results in someone else getting hurt or property being damaged.
There are a number of situations that can illustrate negligence. For example, a truck turning left with its trailer sticking out into a lane of traffic. This is a dangerous situation that may result in other vehicles crashing into the truck.
Negligence can also be found in an improperly loaded semi. Many of the larger trucks can carry up to 40,000 pounds and if the cargo is not properly strapped down, the driver can lose control of the truck or the load falls off onto another car or on to the roadway, causing someone to hit the load.
Negligence can also include behaviors like, texting while driving, distracted driving, eating while driving, falling asleep at the wheel, speeding, driving too fast for the road conditions and so forth.
In Texas, a truck is a vehicle that usually hauls property or items. Commercial trucks can weigh upwards of 80,000 pounds, which means the truck weighs almost 20 times more than the average passenger vehicle. Commercial trucks need more time to stop than a car. A car, at about 4,000 pounds and going 65 miles per hour, needs about 316 feet to stop. A truck weighing 80,000 pounds needs about 525 feet to stop.
The National Highway Transportation Safety Administration (NHTSA) cites 4,761 deaths in collisions involving large trucks in 2017. Only 18 percent of those fatalities were occupants of the truck. Seventy-two percent of occupants of other vehicles died in accidents between trucks and cars.
In 2019, 462 people died in 408 crashes and 7,399 people were injured. There was a total of 12,523 crashes in Texas that involved a large truck or bus.
In the Lone Star State, a commercial truck includes the following vehicles:
In Texas, in some situations even a small pickup truck can be a commercial vehicle, especially in the construction industry. Those cases need to be evaluated on different standards because different rules and regulations may apply.