
Truck Accident Law: What You Need to Know
Introduction
Key Aspects of Truck Accident Law
- Regulations and Compliance: Truck drivers must adhere to both federal and state regulations, including obtaining a Commercial Driver’s License (CDL), adhering to hours of service limits, conducting regular vehicle inspections, and following weight and size restrictions. Distracted driving laws prohibit the use of handheld devices while driving.
- Liability: Determining liability in truck accidents can be complex. Potentially liable parties include the truck driver, trucking company, vehicle or parts manufacturers, maintenance crews, and cargo loaders. Liability is established by proving negligence, which involves demonstrating a breach of duty of care that directly caused the accident and resulted in quantifiable losses.
- Compensation: Victims can seek compensatory damages for medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. In cases of gross negligence, punitive damages may also be awarded. However, under Texas's proportionate responsibility law, victims can only recover damages if they are less than 50% at fault for the accident.
- Insurance Requirements: Trucking companies must carry significant liability insurance, with minimum coverage amounts depending on the type of cargo. This is crucial given the severe nature of injuries often sustained in truck accidents.
- Statute of Limitations: Victims have two years from the date of the accident to file a personal injury lawsuit in Texas. This deadline is critical for preserving the right to seek compensation.
Legal Rights for Victims
- Right to Compensation: Victims have the right to seek compensation for economic and non-economic damages resulting from the accident. This includes medical bills, lost income, and emotional distress.
- Right to Legal Representation: Victims can hire personal injury attorneys to navigate the legal process, gather evidence, and negotiate with insurance companies to ensure fair compensation.
- Right to File a Claim: Victims can file claims against the at-fault party's insurance and, if necessary, pursue a lawsuit to recover damages.
- Wrongful Death Claims: If a victim dies due to a truck accident, their family can file a wrongful death lawsuit to recover damages related to the loss of companionship, financial support, and funeral expenses.
Conclusion
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