How to Handle the Aftermath of a Truck Accident in Texas

Have you been in a Texas 18-wheeler or semi-truck accident and are unsure of what to do in the aftermath? It is doubtlessly daunting, especially if you've never been in an accident, but taking the right steps following a commercial truck accident in Texas will increase the likelihood of a robust financial settlement. Talking to a Dallas-area truck accident lawyer about your legal alternatives is also crucial to securing the compensation you need and deserve.

In the meantime, if you're thinking about submitting a claim after a truck accident in Texas, you may want to educate yourself with a few state rules and guidelines, including but not limited to the following:

• When you are required to report a truck accident in Texas.
• The filing statute of limitations in the Texas civil court system (two years from the accident date).
• How the fault laws of Texas may affect your personal injury claim if you were partly responsible for the accident.

During the last 27 years, the truck accident attorneys in Dallas at the Rasansky Law Firm have built a phenomenal track record and pride ourselves on defending the legal rights of victims left with long-term injuries, financial hardships, and more after a crash. In other words, you owe us nothing until we win your case and you get compensation.

Don't hesitate to get in touch with our team if you have concerns regarding your Dallas truck accident claim.

Reporting a Truck Accident in Texas

All drivers must notify authorities immediately if a collision occurs within a Texas municipality. In addition, it is standard practice for trucking companies and conglomerates to require drivers to report incidents to their contracting businesses.

What's more, in the event that an accident occurs outside of city limits in Texas, drivers are obligated by law to notify the local sheriff's department. In the case of a serious truck collision, it is imperative to notify the authorities if anyone is hurt or if any vehicles are damaged beyond the point where they could be driven away safely.

There is no regulation in Texas that mandates policyholders notify their auto insurance company after being involved in a truck collision.

However, every auto insurance policy still requires that an accident be reported as soon as possible. Insurance companies are better able to investigate and defend claims if they are notified immediately following an incident.

In the event that an insured fails to notify the insurance company after their crash within a reasonable timeframe, the insurer may refuse to pay any claims related to the incident. Based on the specifics, an insurance company may give you less than a week after an accident to file a claim.

Determining Liability in a Truck Accident

Approximately a dozen states follow a no-fault rule, meaning that drivers can claim to their insurance company for compensation without regard to fault after a collision.

By contrast, Texas observes modified comparative fault. In essence, if you are hurt in a truck accident in Texas, you can go in a number of different directions. You could file a claim with the truck driver's insurance company or the insurance provider that represents their contractor if they were at fault for the accident. You can also simply file a lawsuit against the other driver.

So, how is fault different in Texas? Where multiple parties are determined to share fault for an accident, the state of Texas uses a modified version of comparative fault. If the case goes to trial, the jury will ultimately decide the total monetary value of the plaintiff's damages and assign a portion of fault after hearing all of the evidence presented.

On the other hand, if the matter is settled out of court, the jury will not be asked to make these determinations. The number of damages awarded to a plaintiff under the modified comparative fault rule is subsequently lowered by an amount that's proportional to the plaintiff's level of fault in the incident.

Negligence in Texas Truck Crashes

To illustrate negligence, let's say the jury decides that you get a total of $100,000 in damages (to cover medical bills, lost wages and other compensation, property damage, etc.). However, the jury may also determine in this example that you share 20% of the fault for the accident.

In this scenario, you would be entitled to 80% of the total settlement, or $80,000, under the state's comparative fault law.

The adjuster for your auto insurance policy will factor in your degree of comparative fault when considering your claim. Claims adjusters base their final determinations on their best estimates of how a case would play out in court.

Insurance Requirements For Truck Drivers in Texas

Commercial truck drivers are generally required to carry their own insurance in addition to the company's policy. Truckers are mandated to have their own liability insurance in Texas if they are considered independent contractors.

However, if they work for a trucking company, they should be protected by their employer's policy. Damages are typically easier to recoup from a large trucking company or corporation than from an individual truck driver.

Call a Truck Accident Lawyer at Rasansky Law Firm

Truck accidents have a negative impact on the lives of tens of thousands of families in our state. Despite the fact that some of these incidents only result in minor injuries, others of the victims are left permanently disabled and in a great deal of pain.

Needless to say, it is imperative that you contact a Dallas truck accident attorney as soon as possible if you are dealing with the aftermath of a serious collision that involved a commercial vehicle.

Here at the Rasansky Law Firm, our seasoned team has several decades of experience, meaning that our clientele receives trustworthy legal counsel from a group of well-versed and well-regarded attorneys.

Contact our attorneys at the Rasansky Law Firm by calling (214) 651-6100 for a free case evaluation at any time if you were injured in a truck accident in the state of Texas. We are available to take your call around the clock and are ready to safeguard your legal rights today.