Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident.
Texas – October 22, 2021—Lubbock County Department of Public Safety Officials reported a serious injury to a driver who crashed into a semi-tractor trailer near Slaton in the early morning hours on U.S. 84 near County Road 7200. The crash occurred when a passenger vehicle traveling northwest on U.S. 84 collided with the rear end of a Great Plains Distributors tractor trailer traveling in the left lane, whose driver attempted to turn onto County Road 7200. The injured passenger vehicle driver was transported to the University Medical Center with serious injuries. Texas truck accident lawyers have experience working with insurance carriers to settle truck accident cases in the best interests of all parties. They can also initiate legal action against a negligent driver, trucking company, or manufacturer when damage recovery options with the insurance company fail to address the harmful losses of accident victims.
Increased fatalities
Forty-Nine Thousand fatal crashes involving large trucks occurred in the United States in 2018 necessitating the services of experienced accident attorneys who initiate action toward comprehensive damages for surviving families, as well as injured motor vehicle accident victims. Texas truck accident attorneys can explain the relevance of driver qualifications on the occurrence of fatal truck accidents. Truck drivers employed by motor carriers in the State are required to have a driver qualification file that includes certification of driver violations. When violations reveal poor driving records, other parties may be held responsible for damages apart from the driver.
Driver qualification file
Notification must be provided to the State of Texas in accordance with Federal Law when truck driver violations occur. The notification of any state, or local law violation relating to motor vehicle traffic control must be made within thirty days after the driver has been convicted of the infraction. In accordance with federal and state laws, a trucking company must keep certain records to protect their businesses, and protect other roadway drivers from careless actions of commercial truck drivers. These records are known as a driver qualification file, and truck drivers are required to supply employers with a record of any trucking violations they have received in the previous 12 month period, verified by updated driver records from the Texas Department of Motor vehicles. Reviewing these documents can reveal a driver’s overall safety performance. Skilled truck accident attorneys may use a negative driver performance review to add strength to a negligence claim during truck accident litigation.
Insurance responsibility
Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. Damages covered include medical bills, lost wages, property damages. Depending on the extent of damage to property, or injuries sustained by a person in an accident, the minimum might not cover the whole recovery amount and a personal injury attorney may be able to help accident victims. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages in a Texas personal injury claim but if you were more than 51% responsible for the accident, you are not able to recover compensation for your accident expenses.
Hire an attorney
Contact a professional truck accident attorney for a free consultation, as they can research specific case facts and interpret the law to support your case’s best outcome toward compensation for damages relevant to injuries caused during a semi-tractor trailer truck accident.
Sources:
https://www.everythinglubbock.com/news/1-seriously-injured-after-vehicle-rear-ends-semi-trailer-near-slaton-sep/
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.ecfr.gov/cgi-bin/text-idx?SID=51a9a8b4cb86d7cc6434504ca61fa69f&mc=true&node=se49.5.391_127&rgn=div8
https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2018
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