Why Are Texas Truck Accident Claims So Complex?

Accidents involving semi-trucks are a common occurrence along Texas highways. Due to their size and weight, paired with the speeds used along interstate highways, trucks can cause catastrophic injuries to anyone involved.

Truck accidents are often more complex than other motor vehicle accidents because the trucking industry is heavily regulated, and claims filed by injury victims can be brought up against both the trucking company and the driver of the truck.

How is Fault Determined in a Texas Semi Truck Accident Claim?

Because of the regulations given to truck drivers, most of them are safe and competent behind the wheel. However, some choose to drive recklessly or with little regard for the rules given to them and put the people around them in danger.

Fault for a semi-truck accident in Texas is more difficult to place than in other vehicle accidents because there can be multiple parties that share fault. This can include:

  • The truck driver
  • The trucking company
  • The company that loaded the truck
  • The manufacturer of the truck
  • The truck maintenance company

If you have been injured in an accident involving an 18-wheeler in the state of Texas, contact one of our Dallas truck accident attorneys at Rasansky Law Firm to learn about your options.

Who is Liable?

Liability in a trucking accident can often fall upon more than one party. Proving liability can be even more difficult with so many entities involved. If negligence is involved, this must be proven. Everyone has a "duty of care" when driving, which means that we must all follow the rules given to us to keep others safe. If a driver or company has failed their duty of care, they can be charged with negligence.

Truck drivers and the companies they work with also have strict rules and regulations they must follow through the Federal Motor Carriers Safety Administration (FMCSA). If any of these regulations are broken, it can be much easier to determine which party is liable for the injuries accrued.

There are even instances when the injured party might be partially at fault. This may leave you wondering if you can file a claim for your injuries. The answer is, in short, yes. Texas follows a modified comparative negligence law, which means that you can still recover compensation as long as you are not more than 50% at fault. If you share partial liability for the accident, your damages will just be reduced by your percentage of fault. This means if you are found to be 20% liable for the accident and you are then awarded $100,000, that compensation will be reduced by 20% for a total of $80,000.

What is the Average settlement for an 18-Wheeler Accident?

There is no average settlement for trucking accidents, but there are two major factors that can help you determine how much you might receive in compensation. This includes:

Who was at fault? As we talked about above, if your accident was the fault of another party, this can increase your settlement substantially.

What are the damages? Damages can include medical bills, lost wages, pain and suffering damages, long-term costs related to therapy, rehabilitation, and medication, lost earning capacity, and others.

If you have lost a loved one in a truck accident in Texas, it's important to speak with a wrongful death lawyer in Texas at Rasansky Law Firm can help you determine what kind of settlement you can expect.

Most Common Causes of Truck Accidents in Texas

Why Are Texas Truck Accident Claims So Complex?Most truck accidents are caused by the reckless actions of drivers. While we all hope that someone driving a multi-ton vehicle would take special care while driving at high speeds, this is not always the case. Here are four common causes of truck accidents in Texas:

Carelessness or Recklessness

Some truckers are simply negligent. They might be in a hurry or overly aggressive, or they might be checking a text on their cell phone. They assume other drivers will yield to them because they are so much bigger. But this isn't always the case, and it can end in with deadly consequences.

Speeding

Truck drivers are often on tight deadlines and may speed to reach their destination. This is incredibly dangerous, as it is nearly impossible to stop such a large vehicle quickly if something goes wrong.

Driver Fatigue

The FMCSA allows truckers to drive as many as 11 hours at a time, and many drivers are paid by the mile. Truckers have been known to falsify records in order to meet deadlines or increase their payout, which means they may be driving much longer than that 11-hour limit. This can lead to driver fatigue and result in deadly accidents.

Improper or Inadequate Driver Training

Sometimes drivers simply aren't trained well enough to handle such a massive vehicle. Not knowing how to properly drive a semi-truck puts everyone in danger.

Ways to Accelerate Semi-Truck Accident Settlements

You don't want to delay filing your personal injury claim after a truck accident. The Texas statute of limitations for personal injury claims is two years from the time of the accident.

Meeting with a truck accident attorney from Rasansky Law Firm can help accelerate your claim so that you don't have to worry about it. We have years of experience and know how to move things forward so you can get your compensation sooner. We will investigate the accident and collect evidence, build your case, provide access to experts to help you, represent you in court, and handle anything else you might need.

Negotiating With an Insurance Carrier

Dealing with a trucking accident means you might also be dealing with several different insurance companies. And they will often do whatever they can in order to pay as little as possible. Our attorneys can negotiate this for you, ensuring you are not receiving lowball offers for your settlement.

Contact Rasansky Law Firm for a Free Consultation

If you've been injured or lost a loved one in a trucking accident in Texas, you may be able to file a personal injury or wrongful death claim.

Our truck accident attorneys have decades of experience helping victims through their claims process. Contact Rasansky Law Firm today at (214) 651-6100 or fill out the contact form on this page for a free consultation so that we can help you receive the compensation you deserve.

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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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