What Are Your Rights If You’re Involved in a Trucking Accident with a Commercial Vehicle?
Texas highways see their share of commercial trucks transporting goods and materials, and accidents involving these large vehicles can lead to serious damage. If you’re hurt in a crash, you may have legal protections that differ from those in a standard car accident. Our lawyer at Gardner Law Firm assists with personal injury claims for collisions with commercial vehicles.
Insurance companies might push for a fast settlement, but a personal injury claim can be more involved when a commercial vehicle is at fault. It’s important to know what your rights include, how liability is determined, and which steps can help build a solid case.
The sections below discuss core aspects of commercial truck accident claims and suggest ways to seek compensation for medical bills, lost wages, and more.
The Severity of Truck Accidents
Commercial trucks can weigh up to 80,000 pounds, making collisions far more destructive than typical car crashes. Occupants in smaller vehicles often suffer serious injuries, lengthy treatments, and significant recoveries.
Industry regulations also play a key role, as carriers must meet federal and state guidelines. Below are factors that frequently cause big rig crashes when those guidelines are ignored:
Driver fatigue: Long hours on the road slow reaction times and heightens mistakes
Poor vehicle maintenance: Worn brakes or tires can fail unexpectedly
Reckless driving: Speeding or aggressive maneuvers significantly increase collision risks
Recognizing these risks helps establish liability and guides the investigation into possible rule violations. Evidence of driver fatigue, neglected maintenance, or reckless driving can strengthen a personal injury claim. By understanding how negligence occurs in commercial trucking, victims are better positioned to pursue fair compensation for their losses.
Potential Situations at Play
Figuring out liability in personal injury cases involving commercial trucks can be complicated because multiple parties might share blame. The driver could have been distracted or tired.
The trucking company might have overlooked safety checks, or the manufacturer could’ve supplied a faulty part. In some situations, a freight loader who improperly secured cargo bears some responsibility.
Additionally, establishing liability can be even more intricate when multiple contractors or subcontractors are involved. A third-party maintenance company might have overlooked critical repairs, or strict scheduling policies could have forced drivers to push their limits.
Investigating corporate records, internal procedures, or overlooked mechanical recalls can unearth hidden contributors to the crash.
Determining Liability in Commercial Vehicle Crashes
Determining liability in commercial truck accidents can be challenging to work through. Multiple parties might share fault, including the driver, trucking company, manufacturer, or cargo loader. A thorough investigation is often necessary to identify each negligent act. Below are records that commonly reveal where wrongdoing occurred:
Driver logs: Show rest periods or excess driving hours
Maintenance records: Verify checks on brakes, fluid levels, and tires
Cargo documentation: Reveal improper loading that can destabilize the truck
Once you pinpoint the potential defendants, you can move on to the core of a personal injury claim—insurance negotiations. Evidence of repeated violations or neglected safety checks often strengthens your argument, tying multiple entities into a single case for fair compensation.
How Insurance Factors Into Your Case
Commercial trucking companies often carry higher insurance coverage than individual drivers, which might seem beneficial if you’ve been injured. However, large insurers typically have teams focused on minimizing payouts. They may dispute the severity of your injuries or challenge who’s truly at fault. Below are some intricacies you may encounter:
Higher limits: Commercial policies exceed the liability caps on typical passenger vehicles
Comprehensive negotiations: Multiple insurance carriers may be involved if several parties contributed to the crash
Long-term care: Settlements should factor in extended rehabilitation or permanent disabilities
Building a comprehensive case is essential, from solid medical evidence to showing any regulatory lapses by the driver or company. This foundation supports your personal injury claim, helping you pursue compensation for both immediate and long-term losses.
Collecting Evidence After a Truck Crash
In many trucking collisions, crucial records are held by the trucking company, which might not freely offer them. Federal regulations often require these companies to retain specific documents for a limited time. Evidence collection can determine the strength of your personal injury claim. Below are some resources you can use to support your case:
Photographs: Vehicle damage, skid marks, and injuries clarify the crash scene
Witness accounts: Bystanders or other drivers may have observed crucial details
Medical reports: Consistent documentation of your injuries ties them to the collision
Accident reconstruction professionals and forensic specialists can add further context by examining mechanical failures or analyzing the crash scene. With comprehensive evidence in hand, you stand a better chance of achieving a fair settlement or succeeding in court, which leads to discussing the potential damages you might recover.
Types of Damages You May Pursue
When a commercial truck collision happens, victims can seek various financial recoveries. Because serious accidents often result in significant harm, personal injury law allows for:
Medical bills: Surgeries, hospital stays, medication, and ongoing rehabilitation costs
Lost wages: Missed work days or reduced earning capacity might leave you short on income
Pain and suffering: Physical discomfort and emotional distress can impact your quality of life
These damages can alleviate financial burdens, but insurers often question each request. Thorough documentation of medical treatment and wage losses can strengthen your case. If injuries are permanent, you may also seek compensation for long-term care or assistive devices.
Be Aware of Statutory Deadlines
In Texas, you typically have two years from the accident date to file a personal injury claim. Missing that cutoff can bar you from seeking any compensation. Quick action helps preserve evidence like maintenance records and driver logs. Insurers also take your claim more seriously when you move swiftly.
Beyond the two-year window, federal regulations allow trucking companies to discard certain records after a set period. If you wait too long, key data may vanish, making it harder to prove fault. Taking early steps safeguards your right to pursue fair financial recovery and makes sure that your evidence remains intact.
Filing a Personal Injury Claim or Lawsuit
Many collision cases settle out of court, but you may need to file a lawsuit if the insurer refuses a fair deal. This starts with formal paperwork in the correct Texas court, followed by discovery where both sides exchange documents and take depositions. Below are some key steps typically involved before you reach trial:
Pre-trial steps: Filing court papers, scheduling depositions, and exchanging discovery
Settlement talks: Negotiations often continue until a final agreement or a trial date
Litigation: Presenting your case before a judge or jury to determine damages
If negotiations break down, each side presents evidence and arguments at trial. Although personal injury suits can be challenging, perseverance may lead to compensation for medical bills, lost income, and pain. Understanding these avenues is crucial before deciding whether to negotiate alone or hire a lawyer, especially when facing commercial carriers.
Consult Us Today
Located in Rockport, Texas, Gardner Law Firm serves victims and their families throughout the Rockport community. If you’ve been in a collision with a commercial truck, you may be eligible for financial recovery under personal injury law.
Don’t overlook the seriousness of your injuries or the possibility that multiple parties share fault. Our lawyers can gather crucial evidence, negotiate with insurers, and protect your rights under Texas regulations. Call us today.