Answers to Frequently Asked Questions About Truck Accidents
Speak With a Texas Truck Accident Lawyer
A fully loaded tractor-trailer can weigh up to 80,000 pounds or more. When a large truck collides with a 3,000-pound passenger vehicle, it is not the truck driver who is most likely to suffer serious injuries or death. Because of the sheer size and weight of their vehicles, truck drivers and commercial trucking companies are held to a higher standard. Here, we provide answers to some commonly asked questions about truck accidents. Though if you have been involved in a truck accident and have questions that have not been answered here, feel free to reach out to us at (903) 212-2822 for a free initial consultation.
What Is My Time Limit for Making a Truck Accident Claim?
The statute of limitations (time limit imposed by law) for a truck accident claim in Texas is two years. This means you have two years from the date of the accident to file a lawsuit in civil court. Your best course of action is to speak with an attorney as soon as you are able after a serious truck accident.
Can I Receive Money for Work Time Missed After a Truck Accident?
Yes. If you can prove that another party was responsible for your accident and injuries, you may seek compensation for wages you have lost if your injuries caused you to miss work. You may also seek compensation for loss of future earning capacity if the accident left you wholly or partially disabled.
Can I Still File a Claim If I Was Partially Responsible for the Accident?
Texas is a comparative negligence state. If you are found to be partly at fault for a truck accident, you can still recover compensation, as long as you were not more 50% at fault. The damages you can recover will be reduced by the percentage of fault you are assigned for the accident. For example, if you are assigned 10% of the fault for the crash and the amount of your damages to $500,000, your recovery will be reduced by 10% to $450,000.
What Can I Do If a Family Member Was Killed in a Trucking Accident?
If you lost a family member in a truck accident that was someone else’s fault, you may be entitled to file a wrongful death claim. Family members who are eligible to file a wrongful death claim in Texas include surviving spouses, children, and parents of the deceased. A wrongful death lawsuit can be brought against a party that caused a person’s death through negligence or wrongdoing when the victim would have had a valid personal injury claim against that party had they survived. Damages you are entitled to pursue in a wrongful death lawsuit may include:
- Funeral and burial expenses
- Medical expenses related to the last injury or illness of the deceased
- Pain and suffering the deceased person suffered before death
- Wages lost by the deceased person
- Lost support and care for survivors
- Mental and emotional pain and suffering of survivors
- Loss of comfort and companionship
- Lost inheritance
What Kind of Evidence Will I Need to Win a Truck Accident Case?
If you have been hurt in a truck accident caused by someone else’s negligence, a thorough investigation can produce evidence to support your claim. This may include:
- Data collected from the truck’s black box showing the truck driver was fatigued, speeding, or otherwise negligent
- Proof of trucking company negligence in hiring or retaining the driver or maintaining the truck collected from trucking company records
- Evidence of violations of Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations taken from the driver’s log, indicating that the driver was fatigued
- Eyewitness testimony as to how the truck accident occurred
Our Texas trucking accident attorneys at Sorey, Gilliland & Hull, LLP can investigate your truck accident to determine fault and liability, gather and secure evidence to support your claim, negotiate skillfully with insurance companies on your behalf, and fight for the compensation you deserve in court, if necessary. Contact us at (903) 212-2822 to schedule a free consultation after a serious truck accident. We can travel to meet with you if you are unable to come to us.
Why Should I Contact a Lawyer After a Truck Accident?
If you have been in a collision with a large commercial truck, you are likely to have extensive medical bills, and may be unable to work as a result of your injuries. Truck accidents can cause serious or catastrophic injuries that leave victims with a permanent disability. Your best chance of recovering full compensation for your losses is to have an experienced Texas trucking accident attorney fighting in your corner. The sooner you speak with a lawyer, the better, so relevant evidence in your case can be preserved.