As an injured passenger, one may be able to get compensation from one’s spouse’s insurance company and possibly the trucking firm’s insurance company, depending on how liability for the accident is apportioned.

It is difficult to sue a family member or relative. However, it may be the only way for an injured person to get money from their spouse’s insurance. Additionally, one’s child may also have to sue his or her parent to obtain compensation.

These are difficult cases and it is best to consult with an experienced truck accident attorney who is able to advise one of one’s rights and how to proceed to file a lawsuit.

Numbers released by the Insurance Institute for Highway Safety (IIHS) reveal 12 percent of truckers test positive for over-the-counter stimulants. Drivers take these substances to keep themselves awake to drive as many hours as possible. Truckers have also tested positive for alcohol and illegal drugs.

Truckers may be disqualified from driving with a commercial driver’s license if their blood alcohol content (BAC) is found to be above 0.04 percent — half the legal limit applicable to others. In the aftermath of a collision, truck drivers may be required to submit to drug and/or alcohol testing.

Truck “no zones,” also known as a “blind spots” are areas around the truck where the surrounding cars are not visible to the truck drivers. In other words, the truck driver cannot see the drivers around him.

These “no zones” are located directly behind the tractor-trailer, directly in front of the rig and diagonally behind from the left and right sides of the cab. Knowing where these blind spots are is important because, if the driver cannot see you an accident can occur. For example, if the truck stops abruptly, you could rear-end it. Or, if you are in front of the rig and cannot be seen, you are too close to the truck. Trucks cannot easily stop.

Yes, you do need an attorney when you have been involved in a serious trucking accident, more so if you wish to file a lawsuit claiming compensation for your injuries and financial damages. If you do not have an experienced attorney to speak for you, there is little chance of your lawsuit being successful.

There are many rules, regulations and jurisdictional issues in trucking accident cases. A layperson does not have the comprehensive knowledge needed to litigate a complex trucking accident case or deal with the rules of court and evidentiary issues.

If you don’t have the funds upfront to hire an attorney, it may help to know that most personal injury lawyers/trucking accident attorneys work on a contingency basis. You do not pay fees unless you win money in a settlement or by jury award. You may also be able to source litigation funding with the help of your attorney. Pre-settlement funding helps you pay expenses while you wait for your case to be resolved.

Yes, you are still able to recover damages even if you are partially responsible for the accident. In general, you are entitled to a percentage of damages recovered. The percentage of damages recovered is determined by the circumstances of the accident.

An example would be if you were deemed to be 30 percent responsible for the collision, and there was a $1 million in damages, you might be able to recover $700,000. However, if you are deemed to be more than 50 percent responsible (51 percent and above) you may not be able to recover compensation.

This is one of the many reasons working with an experienced truck accident attorney gets you better results when you seek compensation for your injuries. Attorneys work hard to find all the relevant information in each truck accident, from seeking the onboard black box to finding and checking the log books to make sure there are not two versions of them (one for the trucker’s and one for officials) and from gathering mechanical evidence about the truck and its maintenance schedule before the accident scene is compromised.

When armed with all the information after an investigation, your attorney may be able to make a very good case for awarding a damage amount that you truly deserve.

There is no set amount that you may be awarded in a trucking accident lawsuit. The circumstances of the case and the extent of your injuries usually dictate a possible range of what you may be awarded or be offered in a settlement. Having said that, it is difficult to determine a figure as it is dependent on the amount of damage, the degree of negligence on the part of the at-fault party, the injuries sustained, whether or not there is an existing prior record for negligence and other factors.

Additionally, part of any award or settlement typically involves lost wages, pain and suffering, medical bills, rehabilitation expenses, and possibly punitive damages. A personal injury attorney is able to give you an approximate idea of what you may be awarded, but it is not set in stone and may be higher or lower than requested of the court.

You need to contact an experienced attorney as soon as possible. Federal rules and regulations dictate that trucking companies only keeps certain critically essential evidence for a defined period of time. In particular, one crucial piece of evidence is a trucker’s logbook. This evidence may be destroyed after six months if your attorney does not issue a court order for its retrieval.

There are a number of ways that trucking companies and their drivers can be held responsible or liable for an accident.

Trucking accidents are not straight forward. In a trucking accident the vehicle’s owner may not be employed by the trucking company or may not even be working for the person hauling the load. Additionally, the trailer owner may be a completely separate company.

With each of these different scenarios, there are rules, regulations and responsibilities according to the Department of Transportation and they govern the operation of tractor trailers on the road. There are federal and state rules and regulations and the complete picture of a trucking accident can be very complicated.

When dealing with trucking accidents, there are also a number of theories that can be applied to a case, depending on the circumstances. For example,the negligent hiring theory which refers to a trucking company’s hiring practices. It is often the case where background checks or any medical checks are not done adequately.

There is also negligent entrustment and negligent retention. Negligent entrustment simply means that if the trucking company knows a driver has a history of issues, accident, problems and citations, and they allow the individual to drive for them, they are responsible for any accidents. Negligent retention is similar and means keeping a driver after they have had dischargeable or fireable offenses and still letting them operate a company tractor trailer.

The key to proving fault in a truck accident is to know who is at fault for the accident, whether that may be solely another driver, or perhaps both you and the other driver were at fault. This information is typically assessed at the scene by the police and incorporated into an accident report.

However, there is another element that is vitally important to proving liability in a truck accident case, and that is “negligence.” There are a number of parties that may be at-fault and considered to be negligent may include the trucker, but that is not always the case. Negligence for a truck driver could involve distracted driving, cutting off another vehicle, falling asleep at the wheel or texting while driving.

Depending on the details of the accident, the trucking company may also be at fault if they are found to be in violation of state or federal laws, such as negligent hiring of personnel to drive a truck that has a bad driving record. The cargo company may also be found negligent if the truck’s cargo is not properly loaded or the truck is overloaded in violation of the rules and regulations.

In other circumstances the manufacturer of the truck may be held liable for negligence as a result of having made a defective vehicle, such as a poorly or improperly designed hitch that detaches without warning. This would be a defective product lawsuit as well.

And, the trucking company could be held liable for negligence under the legal theory of “respondeat superior” which means the trucking company could be held responsible for a crash caused by the trucker provided the driver is an employee and was acting within the scope of their duties at the time of the accident.

If both of you are responsible to a certain degree, then you come under the modified comparative fault doctrine, also referred to as “proportionate responsibility” that is followed in Texas. Proportionate responsibility means there is a formula of sorts used for comparing the fault of each driver involved in an accident. The compensation that may be received can be reduced by the percentage of “your” negligence that contributed to the crash.

Additionally, Texas also follows the 51 percent bar rule which means that if a driver is 51 percent or more at fault for the accident, he or she cannot recover “any” compensation. At 50 percent responsibility, you would be able to receive some compensation, but at 51 percent, there is no compensation.