Houston Truck Accident Laws: What Every Victim Should Know
Obtaining Information about Houston Truck Accident Laws
Truck accidents mostly lead to serious injury and immense property loss. Truck accidents in Houston are subject to complex rules. The victims need to know how such a law operates so that they can preserve their rights and receive effective compensation. Texas truck accident claims are regulated by state and federal laws. The laws regulate the trucking operations of trucking companies, truck maintenance, and truck drivers‘ driving on highways. Victims utilize such data to determine fault and obtain proper compensation.
1. Truck Accident Liability in Texas
Houston truck accident claims are torts of law of personal injury. Texas is a fault state, and the party at fault who caused the accident will compensate for the losses.
Most common parties who are at fault are:
- The truck driver
- The trucking company
- The owner/operator of the truck
- Loaders of the cargo
- Maintenance contractors
- Truck manufacturers or truck part manufacturers
All of them are subject to stringent safety norms. When they fail from these norms and cause an injury, they are held liable.
2. Significant Federal and State Trucking Rules
Truck drivers and trucking companies must abide by Federal Motor Carrier Safety Administration (FMCSA) and Texas Department of Transportation (TxDOT) regulations.
They are:
- Hours of Service (HOS): Governed the operating time that can be done before resting.
- Vehicle Maintenance: Needs frequent inspection and maintenance.
- Weight and Load Restrictions: Prevents overloading trucks.
- Driver Qualifications: Governs commercial driver’s licenses and background checks.
- Drug and Alcohol Testing: Restraints under the influence.
These regulations, when broken, turn accidents lethal. Breaking any one of them can be used as evidence of negligence during a court case.
3. Why Truck Accidents in Houston
Houston roads are lined with multiple hundred trucks on a daily basis. Most of the accidents are caused by:
- Driver fatigue caused by long hours of driving
- Racing or reckless driving
- Poorly maintained trucks
- Overloaded or poorly restrained cargo
- Drunk or distracted driving
- Weather
Each of these parties can be in the wrong twice. For instance, if the company is in a hurry and the driver is driving too quickly, both are in the wrong.
4. What to Do If You’ve Been Involved in a Truck Crash
What you do immediately after the accident does matter. Do the following to safeguard your claim:
- Call 911 and report the accident.
- Get medical attention, even if you don’t hurt.
- Record evidence, such as pictures, witness statements, and police reports.
- Don’t admit fault for the accident or sign for the insurer of the trucking company.
- Get a Houston truck accident lawyer right away.
A lawyer is able to get black box information, maintenance records, and driver info while investigating your case.
5. Compensation in a Truck Crash
Victims of an accident incurred due to the fault of a truck are entitled to compensation for:
- Medical costs past and future
- Lost income
- Property damages
- Pain and suffering
- Emotional distress
- Permanent disability
The family of wrongful death is also entitled to loss of companionship and funeral expenses. Texas follows comparative negligence law. Your recovery will be diminished by the percentage of fault if you were comparatively at fault. You will not recover if 50% or more are at fault.
6. How Long You Have to File a Claim
Texas gives truck accident collision cases two years from the date of the accident. You lose your right to claim if you do not do so within that time. Exceptions do exist, such as in the case of a child or an undiagnosed injury. Your case can be extended longer by an attorney.
7. Why You Should Hire a Houston Truck Accident Lawyer
Truck accident claims are not your run-of-the-mill car accidents. Trucking companies have attorneys who stand by them. They may hide documents, delay claims, or transfer the blame to the victim.
A good lawyer can:
- Identify all responsible parties
- Secure solid evidence
- Negotiate with an insurance company
- Estimate fair compensation
- Represent you in court, if necessary
Most personal injury lawyers in Houston practice contingency fees. You pay nothing if they lose your case.
8. Steps Lawyers Take to Establish Fault
In your situation, to establish, your lawyer will present the following evidence:
- Police and accident reports
- Truck driver logs
- Black box information (monitors speed, braking, and time on the road)
- Maintenance and inspection records
- Witness statements
- Expert opinion of accident reconstruction experts
The above evidence establishes that the truck company or driver were careless and hurt you.
9. How Trucking Companies Defend Themselves
Truck firms attempt to use standard methods hoping for cost savings. They might:
- Keep the driver in an independent contractor position
- Villainize the victim as at least partly responsible
- Deny the extent of injury
- Stall investigation or settlements
A seasoned attorney knows such tactics and can deflect them with cold facts.
10. Need for Immediate Legal Action
Procrastination will kill your case. Evidence vanishes in the blink of an eye. Maintenance records may be destroyed by trucking companies soon after they are made. Getting a Houston personal injury lawyer early will enable your legal team to send a spoliation letter so that crucial evidence will be preserved.
11. Truck Accident Insurance Claims
Truck accidents typically involve the involvement of several insurance policies. They can insure truck drivers, trucking companies, or cargo owners. Federal law requires commercial trucks to carry high levels of insurance — typically as much as $750,000 or higher. But the insurance providers will fight as hard as possible to pay you as little as possible. Your attorney receives what you deserve.
12. Wrongful Death in Truck Crashes
Unfortunately, most truck accidents prove to be fatal. Texas law allows surviving loved ones to bring a wrongful death action. Eligible loved ones include spouses, children, and parents.
Compensation may include:
- Funeral costs
- Loss of future income
- Emotional distress
- Loss of social support network
13. Houston Truck Accident Statistics
Truck accidents abound on Houston highways, especially I-10, I-45, and Beltway 8. Statistics presented by the Texas Department of Transportation indicate dozens of commercial truck accidents every year, with a significant percentage of them resulting from serious injury or fatal accidents. These statistics warrant enforcement of safety and radical legal measures against victims.
14. What Evidence Supports Your Claim
Good evidence equates to good outcomes. The below helps to make your case:
- Photos of accident and injury
- Dashcam video
- Medical reports
- Motor vehicle inspection reports
- Witness statements and expert witness statements
Maintain a copy of all receipts and bills for recovery cost.
15. When to Settle or Litigate
The majority are settled out of court, but sometimes they aren’t. If the insurers unfairly exclude you, your lawyer will sue and litigate your case in court. A court ruling may lead to greater compensation if the blame is established to be on the trucking company’s side.
Frequently Asked Questions (FAQs)
- How much time do I have to file for a claim on a truck accident in Houston?
You may bring your claim within 2 years from the accident date. Waiting further will deprive you of the right to claim damages.
- Can I sue the driver and company both?
Yes. If both the driver and company are negligent, then both can be sued jointly.
- If I partially caused the accident, what can I do?
Texas is a comparative negligence jurisdiction. You can win even if you are less than 51% at fault.
- How much does an average truck accident case settle for?
Every case is different. It varies with your injuries, lost wages, and pain. Bad cases are in the hundreds of thousands or more.
- Do I need to have an attorney to settle my truck accident claim?
Yes. Trucking firms have tough lawyers on their payrolls. A Houston truck accident attorney protects your rights and battles to get you maximum recovery.
Last Words
Truck crashes do alter lives. Understanding Houston truck accident law gives the victims power. You can fight back against the large trucking firms with an experienced Houston truck accident lawyer and are worthy of getting justice. Don’t delay — the earlier you do it, the better your case.
