Why are truck accident insurance claims and legal actions so complex in Midland Texas?

Texas – April 1, 2021

Truck accident attorneys in Texas can assist with insurance claims after an accident results in property damage, physical injury, or death. The cases are often more complex because of the catastrophic damages involved and the multiple parties that can be held responsible. If legal action is initiated, multiple facets will be considered when building a strong case for negligence against responsible parties. A truck accident attorney can guide a case through the insurance settlement process, or to a court action when negligence is suspected.

Complexities.

The complexities arising out of a tractor trailer crash include:

Suing multiple parties, and dealing with multiple insurance carriers after an accident. Negligence may be proven against other parties besides the truck driver in some instances. The other parties may include the trucking company, freight owner, cargo loading agents, freight inspectors, and/or truck maintenance companies. A truck accident attorney can identify all parties to an action after a case consultation, and a review of the damages.
Federal carrier overarching laws, and state laws may provide for increased accident victim protections because carriers have certain responsibilities in accordance with those laws. Important factors in fault determination such as drivers’ hours restrictions, cargo loads and weights, truck size and routes and other case specific driver safety regulations will reveal possible trucking company violations.
In addition to police and insurance accident investigations and reporting, the Department of Transportation may want to access the big rig equipped Event Data Recorder, similar to an airplanes black box. It stores information regarding sudden stops, hard braking, and speed at the time of an accident, as well as keeping a record of the average speed a driver maintains over a specific period of time on the road.

Truck accident insurance.

Texas is a “fault state” and parties found to be responsible for a truck accident will have to compensate the other party involved in the accident. The State Law utilizes the 51% rule, allowing an injured person the ability to collect damages if they are up to 50% responsible for an accident, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation. A lawyer has the experience to guide victims of truck accidents toward damage compensation.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Truck accident attorneys in Midland Texas can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Filing time limitations.

There is a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case. Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or insurance benefits when property damage, physical injury, or death are caused in a truck accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf