How Compensation Works For Truck Accidents In Texas

An attorney can help prove fault and assess the victim’s losses

Truck accidents in Texas happen at an alarming rate. Consider the facts:

• More than 38,000 commercial truck accidents occur annually in Texas, according to the Texas Department of Transportation (Texas DOT).
• Historically, Texas has the most commercial truck accident fatalities of any state in the country – roughly 800 truck accident deaths every year, which is nearly twice as much as any other state, according to the National Safety Council.
• Another truck accident study conducted by Forbes concluded that “Texas stands out as being the most dangerous state for truck accidents.”

Accidents involving 18-wheelers, tractor-trailers, semi-trucks, dump trucks, and other large commercial trucks often result in severe injuries due to the substantial size and weight of these vehicles. Often, these trucking companies or their insurance companies have rapid response teams mapping and photographing the scene immediately after the collision occurs. They will have investigators talking to witnesses, taking recorded statements, and preparing the defense of their driver and companies’ potential negligence.

Determining liability in such cases can be complex, as multiple parties may share responsibility for the victim’s damages, including truck drivers, trucking companies, and manufacturers. It is imperative that an injured person be diligent in the same manner and secure competent representation who also will deploy investigators and their own accident reconstruction experts.

Truck accidents can result in costly injuries

When truck accidents occur, the potential for serious injuries is a significant concern. These accidents can result in life-changing injuries, such as spinal cord damage, traumatic brain injuries, broken bones, internal injuries, and more, including death.

To navigate the nuances of Texas law, crash victims often require a knowledgeable and experienced attorney to help them recover the financial compensation they deserve. Our Fort Worth truck accident attorneys at Coby L. Wooten, Attorney At Law thoroughly understand how the compensation system works for tractor-trailer accidents and collisions involving other large commercial vehicles, including dump trucks and delivery trucks, and the level of investigation and preparation required to successfully take on commercial trucking companies.

Understanding Texas’ comparative negligence laws

Commercial truck accidents in Texas involve the application of modified comparative negligence laws, adding a layer of complexity to determining liability for damages when multiple parties are involved.

In Texas, the "50% rule" is a key component of the state's comparative negligence system. Under this rule, a person involved in a truck accident can recover damages from other at-fault parties as long as their own degree of fault is less than or equal to 50%.

In other words:

• If a person is found to be 50% or less at fault for a truck accident, they can still pursue a claim for damages against other parties who were also at fault.
• If a person is found to be more than 50% at fault for the accident, they are barred from recovering any damages from other at-fault parties.

This rule essentially means that if you share less than half of the blame for a truck accident, you can seek compensation from other parties who were more responsible for the incident. However, if you are deemed to bear the majority of the fault, you will not be able to recover damages from others involved in the accident.

It's important to note that the application of the 50% rule can significantly impact the outcome of claims involving commercial truck accidents, and determining the percentage of fault for each party involved can be a complex legal process.

Consulting with an experienced truck accident lawyer is advisable to navigate these nuances and maximize your chances of receiving fair compensation in accordance with Texas comparative negligence laws.

Determining fault in a commercial truck accident

Perhaps the biggest difference in compensation for commercial truck accidents in Texas is that the victim may be able to obtain financial compensation from more than one party.

Assigning fault in a commercial truck accident can be complex due to the numerous factors and parties involved. Unlike typical car accidents, commercial truck accidents often implicate multiple at-fault parties, making the investigation and determination of liability more elaborate.

Several key factors are considered when determining fault in a commercial truck accident, including:

• Truck driver error: The actions or negligence of the truck driver, such as speeding, distracted driving, or driving under the influence, are primary factors in assessing fault.
• Maintenance issues: Poorly maintained commercial vehicles or equipment malfunctions can contribute to accidents (e.g., brake failure, tire blowout). If the trucking company fails to adequately maintain its fleet, they may share liability.
• Violations of regulations: Commercial trucks are subject to specific federal and state regulations, including those set by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations, such as exceeding allowable driving hours, can indicate fault.
• Trucking company negligence: The trucking company may bear responsibility if it failed to properly screen, train, or supervise its drivers or encouraged practices prioritizing speed and profits over safety.
• Loading and cargo issues: Overloaded or improperly loaded cargo can lead to tractor-trailer accidents. If a third party is responsible for loading or securing the cargo, they may share liability.
• The actions of a third party: If a third or subsequent driver was involved in the crash, they may be held partially liable for the accident.

What is the average settlement for a truck accident claim?

Truck accident claims often involve a wide range of numbers, and there are some estimates stating that the average settlement for non-fatal injuries in such cases is approximately $200,000 per accident.

However, it's essential to approach these figures with caution, as they can be quite misleading. The value of a truck accident claim varies significantly based on the unique circumstances of each incident and the amount or severity of the damages of the client. Some cases may be worth less, while others could be substantially higher.

Determining the value of a truck accident claim

Assessing the value of a truck accident claim involves a complex evaluation of various factors specific to the case. While there's no fixed formula to determine the exact value of a truck accident claim, several critical elements are considered in the process:

• Injuries and medical expenses: The extent and severity of injuries play a significant role in determining the claim's value. Medical bills, ongoing treatment costs, and rehabilitation expenses are all factored in.
• Lost income: If injuries result in lost wages or diminished earning capacity, the financial impact on the victim’s livelihood is considered in the claim evaluation.
• Pain and suffering: Non-economic damages, such as physical pain, emotional distress, and reduced quality of life, are challenging to quantify but are crucial elements in calculating the true cost of the accident.
• Funeral bills: In the worst-case scenario, funeral bills and costs associated with the loss of a loved one.
• Liability and comparative fault: The degree of liability attributed to the involved parties and any comparative fault on the victim’s part can impact the final settlement amount.
• Insurance coverage: The insurance policies of the at-fault parties and their limits, as well as any available underinsured/uninsured motorist coverage, are considered.

To determine the value of your specific truck accident claim, it's advisable to consult with an experienced truck accident attorney who can assess the unique details of your case and help you pursue the maximum compensation available.

Contact a Fort Worth truck accident lawyer to review your legal options

At Coby L. Wooten, Attorney at Law, we understand the intricacies of commercial truck accident claims and the challenges of determining fault. Our experienced legal team is dedicated to helping victims of commercial truck accidents pursue the compensation they deserve.

If you've been injured or a loved one died in a commercial truck accident in the Fort Worth area, contact us today for a free case evaluation. We can answer your questions, investigate the circumstances of your accident, and work tirelessly to secure the compensation you’re entitled to under Texas law. Our office is located in Fort Worth, and we handle commercial truck accident injury claims and lawsuits throughout Texas.

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