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

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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

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

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