BATON ROUGE PERSONAL INJURY LAWYER
Texas Truck Accident Laws
100% Committed To Maximizing Your Recovery
Texas Truck Accident Laws
One out of every fifteen workers in Texas – an astonishing 735,000 individuals – work in the trucking industry. While working as a truck operator can be a fulfilling and lucrative opportunity, it is also a dangerous one. This is often especially true when operating a large commercial truck in Texas.
Texas truck accident laws are governed by a combination of state and federal laws designed to protect motorists and regulate the trucking industry. These regulations address various aspects of trucking, including vehicle maintenance, driver qualifications, and hours of service. The goal is to reduce the risk of accidents and ensure accountability when collisions occur. When large trucks are involved in accidents, the results can be devastating due to their size and weight, which makes these laws critical for public safety.
Truck operators drive millions of miles of Texas roadway annually. Due to the sheer volume of trucks on the road, the increasing inattention of motorists generally, the size and weight of large commercial vehicles, and the competitive nature of the trucking industry, a staggering number of crashes occur on Texas roads each year. As a result, Texas consistently ranks highest in the nation when it comes to the number of fatal crashes that occur on its roads annually.
Key Regulations For Commercial Trucks In Texas
In the summer of 2021, the governor of Texas signed a bill into law that aimed to “level the playing field” for trucking companies within the civil justice system. As a result of this legal evolution, truck accident cases are now subjected to a phasing system that isn’t utilized when trucking accident lawsuits are filed in other states. This phasing system is designed to “screen out” any claims that aren’t deemed to be legitimate.
In the first phase of the process, it is determined whether someone involved in an accident was physically harmed due to negligence. If it is determined that negligence occurred, the second phase of the process scrutinizes the role of any trucking company connected to the truck operator(s) involved in the crash. For example, did the trucking company fail in its legal duty to properly train the commercial operator named in the suit?
The bifurcated structure of Texas truck accident lawsuits is such that each phase results in a determination of a separate issue. Phase I: Is the truck driver at fault? Phase II: Is the trucking company at fault? If the truck driver named as a defendant in Phase I is not found to be liable for the wreck, the trial will not progress to Phase II. This structure makes it very difficult to hold trucking companies liable for accident causes that have nothing to do with the driver’s conduct. For example, if a company fails to safely maintain its fleet and a crash occurs due to that failure, holding that company accountable for its conduct is not an easy task.
Commercial trucks operating in Texas are subject to both state-level and federal requirements. The Federal Motor Carrier Safety Administration (FMCSA) oversees many of the regulations that apply to trucks nationwide, such as hours-of-service limits and weight restrictions. In Texas, additional requirements include state-specific vehicle inspections and commercial driver license (CDL) standards. Trucking companies must adhere to these regulations, and failure to do so can result in liability if their negligence contributes to an accident.
Texas law also requires trucking companies to carry a minimum level of insurance coverage. For most commercial vehicles, the minimum liability coverage must meet or exceed federal standards, which vary based on the truck’s weight and cargo. These requirements are crucial because they provide injured parties with a source of compensation when serious accidents occur.
If you’ve recently been injured in a Texas truck accident, it’s important to understand your rights under the law. Truck accident laws and regulations vary widely by state. Understanding the nuances of state law can help you to proactively do what you can to strengthen your case. To better ensure that your pursuit of crash-related compensation is successful in Texas courts, you’ll want to speak with a local attorney as soon as you possibly can.
Determining Fault And Liability In Truck Accidents
Texas is classified as a modified comparative negligence state. Comparative negligence states allow injury victims to sue others for contributing to the causes of their harm, even when the victim filing a lawsuit is also partially responsible for their injurious circumstances.
In pure comparative negligence states like California and Florida, injury victims are permitted to seek damages against others regardless of the degree of fault assigned to each party. However, Texas recognizes a modified version of comparative negligence theory. This means that, in Texas, a victim can only pursue damages against others in civil court if they are assigned 50 percent or more of the blame for the harm caused by their crash.
Truck accident cases in Texas often involve multiple parties who may share responsibility for the crash. For example, the truck driver, their employer, a maintenance provider, or even the manufacturer of a faulty vehicle part could all be liable. In Texas, the modified comparative negligence rule applies, meaning an injured party can recover compensation as long as they are not more than 50% responsible for the accident. The percentage of fault assigned to each party directly affects the amount of compensation that can be recovered.
Evidence is essential when determining liability. In truck accident cases, this might include driver logs, electronic data from the truck, maintenance records, and eyewitness statements. Collecting and preserving this evidence is often a critical step in building a strong case.
In the event that a plaintiff is assigned a degree of fault for their injurious crash, their damages award will be reduced proportionally. For example, say that a plaintiff succeeds in Stage I of a bifurcated trial. The plaintiff is assigned 20 percent of the blame and the truck operator named as a defendant in the lawsuit is assigned the other 80 percent of the blame for that stage of the trial. The plaintiff’s harm has been valued at $100,000. In this scenario, the truck operator would be held responsible for $80,000 in damages because they shoulder 80 percent of the blame for that harm. The plaintiff cannot recover the additional damages because they represent the 20 percent of the case value which corresponds to the 20 percent of blame shouldered by the plaintiff.
As a result of the modified comparative negligence approach honored by Texas law, injury victims shouldn’t hesitate to connect with a lawyer if they believe that they may be partially responsible for what happened to them. The law may still protect their right to seek damages from other responsible parties regardless.
Statute Of Limitations For Truck Accident Claims
In Texas, there is a strict deadline for filing a personal injury lawsuit related to a truck accident. The statute of limitations is generally two years from the date of the accident. Failing to file within this timeframe can bar the injured party from recovering damages. However, exceptions may exist in certain circumstances, such as if the injured party is a minor or if the at-fault party cannot immediately be identified.
Most of the time, truck accident lawsuits must be filed within two years of the date of any crash in question. However, Texas does impose a stricter filing deadline under certain circumstances, including cases involving the state government.
It is arguably more important than ever before to begin the process of building a case and filing a lawsuit as soon as possible after a crash, however. Due to the bifurcated trial structure in Texas, plaintiffs are essentially tasked with preparing two separate lawsuits. It takes time to gather evidence, investigate circumstances, and file a formal suit. The quicker that injury victims seek experienced legal guidance, the faster they can protect their interests and preserve their legal options.
Getting Compensation After A Truck Accident
Victims of truck accidents in Texas may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In cases involving wrongful death, surviving family members may also recover damages for loss of companionship and funeral expenses. The amount of compensation depends on the specific facts of each case, including the severity of the injuries and the level of fault assigned to each party.
How We Can Help With Your Truck Accident Case
When truck accidents occur, victims often face significant financial and emotional challenges. At Truck Law, we work to make the legal process straightforward and efficient for our clients. We understand the impact these accidents can have, and we are committed to helping you recover the compensation you deserve under Texas truck accident laws. Contact us today to discuss your case and learn how we can assist you.