Understanding Truck Accidents in Texas – Statistics, Laws and Claim Value

Understanding Truck Accidents in Texas
Understanding Truck Accidents in Texas

Texas is the state where the most number of fatal accidents occur in the whole of the United States. As per statistics issued by the Texas Department of Transportation, around 3,639 deaths occurred in 2018 in Texas on account of motor vehicle traffic deaths. These motor vehicles include Trucks as well. In this article, we shall enlighten you with some statistics and laws concerning truck accidents, how to claim values as well.

Which Vehicles Fall Under the Category of ‘Trucks’?

Trucks are simply defined as vehicles used for the transportation of items. Trucks are of different types, differing in weight or the kind of item they are used for transporting. The common types of trucks include the following.

  • Delivery Trucks
  • B18-Wheelers
  • Oil and Gas Trucks
  • Tractor-Trailers
  • Big Rigs
  • Dump Trucks
  • Refrigerated Trucks
  • Semi-Trucks
  • Tow Trucks

 

What Are Usually the Causes behind Truck Accidents?

As with all kinds of motor vehicle accidents, there are plenty of causes as well as contributing factors which result in truck accidents.

  • Speeding too much or driving above the speed limit
  • Ignoring the traffic rules and regulations
  • General driver fatigue and exhaustion
  • Driving under influence (of either drugs or alcohol)
  • Improperly-loaded cargo which causes an imbalance in the truck
  • Distracted driving
  • Poorly maintained vehicle 
  • Lack of proper training of the truck driver
  • Dangerous or poor weather conditions

 

What Are The Laws Governing Truck Accidents & Claiming Compensation in Texas?

Texas is considered as a ‘Comparative Fault’ State which means that each of the drivers involved in an accident has to take financial responsibility, especially if they are more than 50% ‘At-Fault’. Plus the concerned who is more than 50% At-Fault cannot recover the damages either.

However, not only the drivers involved, but in fact, other entities may also be considered as potentially At-Fault in a Truck Accident. These entities may include:

  • The Trucking Company
Can be At-Fault if they have violated a Federal or State law or, if they have allowed the driver to drive for more than the allowed period, or if they hire a driver with an accident history.
  • The Cargo Company
Can be At-Fault if they have not loaded the cargo properly causing the truck to imbalance.
  • The Manufacturer 
Can be At-Fault if the truck is not designed properly for balancing, or has some defect such as weak brakes or tires etc.

 

Civil Claims are required to be filed within 2 years from the date of the accident, and Police Reports must be submitted to the Texas Department of State within 10 days of the occurred accident especially if bodily injuries are involved.

Texas is the state which not only rewards Economics damages such as damage to vehicle or cargo in the truck but in fact, it also awards Non-Economic damages such as Pain and Suffering. 

It is best to seek attorneys in all cases especially if you or someone you know has suffered from such an accident and requires compensation accordingly.