Do Texas truck accident victim’s immediate actions determine potential financial outcomes?

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Texas – March 31, 2021

Accident victims, or loved ones who have been injured, or suffered harmful loss in a truck accident should be aware that their actions immediately afterward may impact their physical and financial recovery.  Because truck accidents often result in catastrophic injury and death, partly due to size discrepancies, it is recommended that victims seek the assistance of truck accident attorneys in Texas, who are instrumental in catastrophic personal injury, and wrongful death legal claims.

Post-accident actions.

Truck accident victims should take certain actions to preserve information and evidence that may help with case building toward comprehensive damage recovery including:

  • Calmly assessing the situation and offering help to other accident victims when possible,
  • Calling law enforcement to the scene immediately for reporting,
  • Keeping comments regarding fault to oneself,
  • Seeking emergency medical attention even if injuries are not visible to the human eye,
  • Obtaining witness contact information where possible,
  • Reporting accident to employer and insurance,
  • Taking video, or photos of accident scene and property damages,
  • Calling a truck accident lawyer.

Negligent parties.

It is important to ascertain who may be responsible for a truck accident. Hiring an attorney to initiate legal action against a negligent driver, trucking company, or manufacturer in the proper timeframe is the first step toward damage recovery.  Catastrophic injuries, property loss, and wrongful death may leave individuals and their loved ones with exorbitant medical bills and replacement costs that will plummet them into financial ruin without compensation from negligent parties.

Texas statute of limitations.

The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against government entities.  Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims.

Damages.

Compensatory damages are an award of money to compensate harmful accident losses.  A Texas accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation.  Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship.  Additionally, exemplary (punitive) damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately caused harm to another person. Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000.   Personal injury attorneys will guide truck accident victim’ actions toward financial recovery on a case-specific basis.  Their knowledge is instrumental in accurate calculations that take into consideration all eligible expenses after a catastrophic loss to ensure a victim’s claim is not undervalued, or underpaid.

Consult with a Texas attorney.

Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to truck accident harmful losses.  An injury attorney is best suited to build a case utilizing complex trucking industry laws by addressing specific timelines, or statutes of limitations to file an action for recovery.

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://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

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

Does an accident victim need to sue a trucking company or the driver after a crash in Louisiana?

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Baton Rouge, LA – Suing a trucking company has some different procedures and issues when compared with a lawsuit after a standard car accident. When someone gets hit by a semi truck or similar commercial vehicle, there are multiple layers to the legal process. The individual driver, the business that owns and operates the truck, or both may be considered at fault or named as defendants in a civil lawsuit. While employers are generally liable for the actions of their employees engaged in normal job duties, there are also determinations that need to be made regarding which party will be the focus of the lawsuit. Much of this decision depends on the specific cause of the accident, and whether it can be traced to the negligence of the business or a poor decision made by the driver.

Trucking company responsibilities

The business that owns the truck has a number of different procedures that must be followed to help prevent accidents. This includes maintaining the vehicle itself, checking the credentials and backgrounds of the drivers, and providing adequate safety training. Any kind of clear negligence or potential problems in these areas can result in lawsuits where the business is named as a defendant. As a practical matter, the trucking company will normally have more resources through insurance or other means to pay the victim’s costs. 

Issues with the driver

Sometimes the driver makes crucial mistakes that cannot necessarily be attributed to the company that they work for. This includes clear violations of company policy such as driving under the influence of drugs or alcohol, driving outside of working hours as prescribed by transportation authorities, improper record keeping, failing to secure cargo and check the load regularly, 

Compensation for the victim

Regardless of which party is sued, the victim’s attorney’s job is to try to get the maximum compensation allowed by law. This can include the costs of their lost wages and missed time from work, emotional pain and suffering, as well as the amounts spent on hospitalization and medical treatment. If there was a very serious collision with a large truck, this can easily cost thousands or millions of dollars. The legal term for these amounts is damages, and the attorney can list all of the damages in the complaint that starts the lawsuit. The summary of damages is often a starting point for settlement negotiations. 

Injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf are available to assist with lawsuits against truckers, drivers, and various other personal injury issues in the Baton Rouge area. After an accident, the firm can meet with potential clients to discuss compensation, insurance claims, and civil lawsuits.  

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Can an employee in Charleston lose their position while accepting workers compensation benefits?

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Charleston, SC – Workers compensation is meant to protect injured workers through compensation for wages and healthcare costs, as well as other benefits that may be related to training. An employee may not be able to work as normal for months or years depending on the severity of their injuries. However, the employer is not supposed to retaliate against an injured work by terminating their position or any other means simply because they filed a claim. Legal help may be necessary for any worker who feels that they have not been treated properly after a bona fide work related injury. 

Termination for receiving workers compensation

Employers are usually not permitted from terminating the worker while they are hurt and receiving benefits. Employees in South Carolina may possibly be terminated for issues other than the fact that the claim was filed, as the state uses an “at will” employment relationship. South Carolina’s state laws regarding this issue specifically say that an employee can never be fired as retaliation for a legit workers compensation claim. In some cases, there may be disputes if the employer can show additional reasons for terminating the worker, such as their job performance, company policy violations, or other reasons that are not directly tied to the claim. 

The main exception to this rule is if it is obvious that the injured person will never be able to return to their prior job ever again. Some companies may choose to give the worker a different position, rather than ending their employment entirely. As a related matter, some companies will hire temporary workers to replace those who have been hurt and will remain away from their job for several months or longer, but the injured worker will usually be given their same job or comparable employment when they return.  

How long can an injured worker stay on workers compensation and keep their job?

The question of retaining employment after an injury is highly fact intensive. Some workers who deal with actions such as heavy lifting or intense manual labor may have trouble finding work in the same career field if they have sustained a serious injury that limits their ability to move and function as normal. If someone is going to be away from their job long term, the company may start to question the financial feasibility of keeping them employed for an extended period of time without their normal productivity. 

Help for local work injury cases

The Clekis Law Firm focuses on workers compensation claims in the Charleston, South Carolina area. Any injured worker can get in touch with the firm to learn more about the claim process and defending their rights. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

Are drivers in Florida required to report car accidents to the police?

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Boca Raton, FL – Car accidents can result in severe health problems, property damage, and various kinds of financial losses. However, there may be some situations where drivers can walk away from minor accidents without any serious harm or even the need to contact the local authorities. Florida does require some accidents to be reported, but very minor collisions will usually not require police assistance at all. However, there also may be some benefits of reporting an accident if it is not required.

Florida’s laws regarding when an accident must be reported

There are a number of different conditions where the accident must be reported to the local police or by calling 911. The first is if there appears to be an injury or fatality at the scene, whether this involves other drivers, passengers, or pedestrians. The victim of a hit and run accident also needs to contact the police immediately. The third reason why an accident must be reported to the police is when it appears that any driver involved is under the influence of alcohol or drugs. Finally, any accident where it appears that there is greater than five hundred dollars worth of property damage to vehicles or nearby structures. 

Should the driver report the accident anyway?

There are some reasons to report an accident even when it is not required by law. There will be a formal record of the incident and the police may conduct a basic investigation of all accidents. Reports from police or various other transportation agencies are often crucial pieces of evidence when there is a lawsuit related to a crash. Florida also has a law where an accident is supposed to be reported to the local department of motor vehicles by the victim within ten days unless this process is completed by a police officer. 

Some insurance companies will even expect their policyholders to report all accidents, regardless of whether this is required by law or not. If there is any doubt, it is always better to report the crash and follow the instructions from the police before contacting the insurance company. 

Is it necessary to sue the other driver?

Lawsuits are an important way for injured car accident victims to be paid for their losses associated with the crash. It is important for people considering their financial problems and possible solutions to consult with a local attorney about the possibility of bringing a civil case. Depending on the particular facts surrounding each accident and the value of the combined losses, it may be necessary to file a lawsuit. However, as a general rule minor accidents can usually be taken care of through the insurance claim process or Florida’s personal injury protection coverage. 

Accident firms in Boca Raton

Anyone who needs additional assistance after a crash can contact Rosenberg Injury Law.

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

How can a worker in Houston tell if workplace problems would be considered harassment?

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Houston, TX – There are a number of reasons why coworkers might have disagreements or arguments throughout the course of a workday. While some level of conflict is normal, there are specific issues that may rise to the level of legally actionable sexual harassment. Being able to identify problems that are sexual harassment is an important step in the process to report the behavior and make it stop. If the workplace does not seem to be cooperative and the problems continue, the victim may need to retain their own labor lawyer and take formal action through a lawsuit. 

Most common forms of workplace harassment

Things like asking for sexual favors in return for employment or promotions, constantly telling sexual or offensive jokes, or creating a hostile work environment that affects a worker’s ability to function are the most clear cut forms of harassment. Work environment problems are especially serious if someone is trying to sabotage a coworkers ability to be productive or give false or negative performance reviews as a pretext for harassment. These problems are almost always related to a worker’s gender or sex in some capacity. However, the victim’s gender does not matter, as anyone can be a victim of sexual harassment. 

Work related communications and harassment

With most workers utilizing technology throughout their workday, things like phones and computers can also become a tool for harassment. This can include displaying offensive images and videos, or even sending harassing text messages which can rise to the level of stalking. Things like using workplace communications to facilitate romantic relationships is forbidden in most workplaces. 

Investigating improper behavior

If a worker has a one time argument or makes an offensive comment, it is not likely that this would be considered harassment. Most investigations into sexual harassment consider the severity of the conduct in question. While trying to force sexual favors as a condition of continued employment is clearly sexual harassment, a dispute between coworkers that may have involved offensive language will probably not be treated as sexual harassment by any legal standard. It is difficult to give broad answers to whether any particular situation would be considered harassment by an employment commission or in a court of law, as these determinations tend to happen on a case by case basis.  Anyone who is concerned should start by reporting improper behavior to their company’s human resources department immediately. 

Assistance from employment law firms

Moore and Associates is a firm that handles all kinds of workplace problems, including those related to harassment, discrimination, and unpaid wages. Anyone who is dealing with serious workplace issues can contact one of the firm’s attorneys and decide on a course of action during an initial consultation. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

False Arrest and Police Brutality in White Plains, New York: What Are My Rights?

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A badge and a gun do not give police officers the right to unjustly arrest, injure, or harm someone. Police officers have to work within a set of standards on the job. If they go outside of them, they may have to face legal consequences. 

 

Each one of us has constitutional rights that anyone working under the authority of the state must respect. The Civil Rights Act of 1871 and its Section 1983 prohibits police officers and all state agents from depriving a citizen of their constitutional rights. 

 

Were you wrongfully arrested or brutalized by a police officer in White Plains, New York? If so, you may be entitled to compensation under the law. Get in touch with Darren DeUrso to see what your legal options are. Darren is a long-time veteran of criminal defense and specializes in defending people who are being taken advantage of by the justice system. With Darren on your side, you can seriously increase your chances of a positive legal outcome. 

 

What are the laws on false arrest? 

 

A false arrest is defined as the detention or restraint of someone by an officer who is acting outside of lawful justification. These lawful justifications might include probable cause, a valid arrest warrant, or consent. A false arrest, otherwise known as false imprisonment, may be legally defined as a misdemeanor offense. 

 

A false arrest or imprisonment violates the 4th Amendment of the United States Constitution which prohibits unreasonable search and seizure. The keyword here is “unreasonable.” Unfortunately, this term is subjective and based on the specific circumstances of the incident. For example, if police receive reports of a “tall Asian man with a yellow hat and red shoes,” and you happen to be a tall Asian man wearing a yellow hat and red shoes who is exactly in the spot that the police are looking in, then the courts may decide that your arrest was not wrongful based on the information that the police had at the time. 

 

However, if there is no evidence that you match the description of any suspect, and you weren’t acting suspicious or committing any crime, then it may be determined that the police were in fact acting in an “unreasonable” manner. 

 

Some other common police misconduct lawsuits are: 

 

  • Excessive use of force
  • Coercion 
  • Bribery
  • Sexual assault
  • Racial profiling
  • Searching cars or homes without a warrant

 

Compensation in police brutality lawsuits can yield anywhere from a few thousand dollars to a few million. Generally speaking the more severe the damages caused by the misconduct, the more compensation a plaintiff is entitled to. 

 

Were you a victim of police brutality or wrongful arrest? 

 

Get in touch with Darren DeUrso, Attorney at Law today to explore your legal options and get you the results you deserve. 

 

Darren DeUrso, Attorney at Law

 

188 East Post Road, Suite 300

 

White Plains, NY 10601

 

Phone: (914) 772-8614

Assaulted By A Police Officer in Utah: Can I Sue?

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It’s easy to forget that the police have to follow the rules in exactly the same way everyone else does. They may have to use a weapon, rough someone up, or search cars, but all of that has to be done under certain criteria of standards. Police officers are not allowed to unjustly cause harm to another citizen, and if they do, they can be reprimanded by the law.

 

Were you wrongly assaulted or injured by a police officer in Utah? Get in touch with Truman and Radford, Injury Attorneys. Truman and Radford are veteran Utah personal injury lawyers who know how to defend their clients’ rights and achieve results. Even if you’re not sure if you have a case or not, you can connect with them to find out. 

 

Is it hard to sue a police officer? 

 

Generally speaking, it is hard to sue a police officer or any government agency for that matter. The government has vast resources to fight any lawsuit they want, and it has access to all sorts of tools and tricks that the ordinary citizen doesn’t have. They can spend as much time and money as they want on a court case, but those of us on the other side don’t have that luxury. This means you should only attempt to sue a police officer if you have a solid case. 

 

What are the laws on police brutality? 

 

The United States Constitution usually comes into play in police brutality cases. Both the 5th  and 14th Amendment both grant everyone their due process under the law, while the 8th Amendment protects them from cruel or unusual punishment. 

 

One of the reasons that police brutality lawsuits can be difficult is that the police operate under what’s called “qualified immunity.” This term refers to police officers’ right to do things that ordinary citizens can’t do, like use weapons, be violent, or release dogs on people in order to uphold the law. The idea is that they need to do these things to apprehend dangerous suspects. So while you may argue that the police used excessive force, they may argue that that force was necessary to protect themselves or a third party. 

 

What sort of compensation am I entitled to? 

 

If it’s proven that the police went outside of their constitutional boundaries, you may receive compensation in the form of: 

 

  • Medical costs
  • Loss of wages
  • Mental anguish or pain and suffering
  • False imprisonment

 

Were you injured in an act of police brutality? 

Contact Truman and Radford Injury Attorneys today. Without seasoned Utah personal injury lawyers like them in your corner, you may not end up getting the compensation you deserve. Get in touch right away to start the legal process properly. 

 

Truman & Radford, Injury Attorneys

Tel: 435-692-9000

20 North Main Street, #309

St. George, Utah

I Was Assaulted by a Police Officer in New Mexico, Am I Entitled to Compensation? 

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Police officers are required to follow a certain set of standards when they’re on the job. Oftentimes, the use of force is necessary to deescalate situations and apprehend suspects, and they operate under what’s called “qualified immunity.” This gives them the right to do certain things that an ordinary citizen can’t do. In other words, the police are allowed to be violent, use weapons, and arrest people as long as they act within criteria set by the law.

 

However, there are times when police officers cross the line and venture into the realm of brutality. If you’ve been injured from police brutality in New Mexico, you may be entitled to compensation. Get in touch with the Law Office of Brian K Branch today. Branch’s team of attorneys is a seasoned group of personal injury lawyers who know how to get results and defend the rights of their clients. With a legal expert in your corner, you can expect justice to be served when your rights have been violated. 

 

What are the laws on police brutality? 

 

Most of the time, police brutality lawsuits cite the United States Consitution and Section 1983, which prohibits anyone acting under the authority of the state to deprive a person of their constitutional rights. 

 

The fourth amendment of the constitution prohibits “unreasonable search and seizure,” and the 8th amendment prohibits “cruel and unusual punishment” from police officers. Obviously, these things can be subjective and have to be judged by courts based on the circumstance of the incident. This is where an experienced lawyer comes in handy, as sometimes stories need to really be argued properly in order to sway judges and juries.

 

Common claims of police brutality include: 

 

 

Examples of excessive use of force are: 

 

  • Using a weapon on an already-apprehended suspect, or allowing a police canine to maul a person who’s not a threat. 
  • Using a weapon on someone who is not resisting arrest or committing a crime
  • Assaulting someone who is not committing a crime or acting suspiciously
  • Choking someone unconscious

 

Is it hard to sue the police in New Mexico? 

 

Generally speaking, it’s pretty hard to sue the police. Like any state agency, they have a near-endless amount of financial resources and bureaucratic knowledge to fight every lawsuit to the bitter end. Taking up this challenge is only recommended if you have a solid, non-subjective case. 

 

Do you need help getting compensation for police brutality in New Mexico? 

 

Connect with the Law Office of Brian K Branch today to get the legal process underway. 

 

The Law Office of Brian K Branch

 

715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722

How does an insurance company estimate the value of a car crash in Arizona?

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Yuma, AZ – Car collisions can cause the people involved to take various actions with their insurance provider or the assistance of a lawyer. This is mostly due to the high costs of dealing with injuries, lost wages, and property damage all at the same time. Victims depend on their insurance companies to pay out a claim to help them, but there are a lot of variables in this process that can be confusing or even prevent the person from collecting all of the money that they need. Understanding how the provider comes up with their amounts and estimates is helpful to anyone who is dealing with the aftermath of a crash.

Information used it the process of the estimate

Insurance companies will generally consider the information they use to estimate the value of cars and other losses proprietary, meaning they do not share their internal processes with customers or the public. However, there are some general principles that can be used to get a similar estimate. 

The car itself is given a value called the actual cash value which factors things like age, mileage, depreciation, and wear on the vehicle subtracted from its cost when it was new. This total after applying the formula can often be much less than the driver owes for the loan on the vehicle, plus a deductible needs to be paid by the driver, which means that collision insurance is not as helpful as most people would assume.  

Insurance companies also use their own computer software that takes variables and comes up with amounts for other kinds of damages such as pain and suffering. These amounts are put into settlements that are offered to accident victims. Depending on the insurance company, they may consider treatment from certain types of doctors to be more expensive than others, and certain injuries may receive a higher value even if this does not correspond to the actual damages for the accident. 

Bringing a lawsuit 

If the insurance process is insufficient or not helpful, the victim may want to retain their own lawyer to help protect their financial interests. This can be done to ensure that the victim can pay for their medical bills and other losses. Negligence cases argue that the person or business responsible for the accident needs to pay for all of these costs, and they can ask for larger amounts than offered in the initial settlement. 

Accident lawsuits in Arizona

Schneider and Onofry assist local clients in the Yuma, Arizona area with the process of bringing a civil lawsuit and receiving compensation. Anyone who needs help from a personal injury lawyer can schedule a meeting with the firm to discuss their situation and receive advice. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

Texas truck accident victims must understand impacts of a statute of limitations on their case.

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Texas – March 31, 2021

Truck accidents often result in catastrophic injury and death, partly due to size discrepancies where a tractor trailer truck may weigh an average of 40 tons, which is much heavier than a passenger vehicle, and the height and length of a semi-tractor trailer can overtake the size of a car. Truck accident attorneys in Texas can assist with catastrophic personal injury, and wrongful death legal claims after an accident, but they must be filed with the appropriate court within the timeframe governed by the state, or federal government, called the statute of limitations.  Because devastating injuries, as well as fatalities will cause lengthy emotional, physical, and financial recovery, it is important to ascertain who may be responsible for a truck accident and hire legal counsel to act against a negligent driver, trucking company, or manufacturer in the proper timeframe.  Extensive medical treatments, loss of work and re-training for individuals who can no longer work in their pre-accident vocation may leave a family in financial ruin without taking legal action to seek compensatory damages.  Talk to a skilled accident attorney about time-sensitive filing actions.

Failure to file by deadline.

Truck accident victims who fail to file a complaint within the state, or federal designated timeline risk case dismissal, and the inability to pursue damage compensation.  It is important for truck accident victims to speak with an accident attorney shortly after the mishap so that lawyers have the right amount of time to file a claim and build a winning case, or seek a comprehensive pre-trial settlement.

Texas statute of limitations.

The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against government entities.  Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims.

Federal statute of limitations.

Truck accident cases may be filled in federal court depending on case-specific facts involving parties from different states known as diversity jurisdiction, or because a trucking company has more than one address in different states.  The statute of limitations may be longer for personal injury cases filed in federal court.  A truck accident attorney can apprise victims of the specific timelines regarding their case.

Rights after statute of limitations.

The Statute of Limitations allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses, and filing claims would be quite difficult if there were no time restraints on lawsuits, so the statute of limitations sets a fixed time period for completing certain legal claims. There are situations where a tolling agreement will allow for pauses, delays, or suspensions of an initial time period to move ahead with personal injury legal actions. This provision extends rights past the normal statute of limitations time period, but has other conditions that may impact outcomes.

Consult with a Texas attorney.

Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to truck accident harmful losses.  An injury attorney is best suited to build a case utilizing complex trucking industry laws by addressing specific timelines, or statutes of limitations to file an action for recovery.

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://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

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