BLOG

Six Dead and Numerous Injured in 133 Car Pileups in Texas.

 

A massive car pileup resulted in multiple deaths and over 65 people treated at hospitals so far. Icy roads and freezing rain caused the tragic accidents. The accident included 133 cars and 18 Wheelers.

Big truck accidents in Texas

The colossal accidents happened on Interstate 35 W just North of downtown Fort Worth, Texas. The pileup was over 1/2 a mile long. Numerous fire Departments and police were dispatched to deal with the tragedy. Six have lost their lives, although identities have not been released pending the nest next of kin. Over 65 people have been treated so far; authorities expect additional injuries to be treated due to the massive car and truck wreck.

Numerous health care providers were headed toward work and involved in the early morning pileup. Four police officers were hospitalized, and three of those had been on their way to check-in for work. One officer was injured at the scene while helping. Fortunately, all four police officers have been released from the hospital.

Cars, trucks, and 18 Wheelers were involved in the crash when many vehicles lost control, and the impacts kept occurring behind them. Photographs from the fire Department showed big rigs piled one on top of another. Wrongful death truck accident lawsuits are expected.

It took hours to clear the site from the wrecked vehicles, and to began investigating the accident. The process of investigation will take weeks, given the number of crashes that occur. With the cold weather, authorities were also concerned with hypothermia and keeping everyone safe.Ft Worth Pileup

Roads Not Sanded

Texas drivers are unaccustomed to driving in I see or snowy conditions. And Texas is not equipped the same as states that face icy conditions regularly in the winter. Typically, salt or sand is applied as early as possible when roads are icy. Inclement weather is foreseeable, and some are asking hard questions about why the streets were in the condition that they were at the time of the pileup.

In this instance, a thorough investigation is expected into the entities responsible for the roadway’s maintenance and safety.

A special hotline was set up by the Fort Worth office of Emergency Management so people may find their loved ones who were involved in the crash.

The Cold Front Across Texas

This unfortunate incident was not alone in the state of Texas. Numerous people have died in car accidents and truck accidents in Texas since Wednesday. Many have been injured and most of the recent crashes involved, at least in part ice or rain and slick roads.

Extra Caution Required

When roads are icy or wet, drivers must use extra caution when on the highways, especially since the speed limits tend to be much higher. Reducing speed is a must when you are faced with snow or icy conditions. Professional truck drivers are required to use extra caution in adverse weather conditions. If the conditions are too dangerous, the truck drivers are needed to pull over when they can do so safely and proceed after conditions improve.

Undefeated Texas Truck Accident Lawyer Offers Free Consultations

Our Texas truck accident lawyers have been helping injured Texans after a truck accident for over three decades. We are undefeated in truck accident claims and have an incredible track record of multi-million-dollar settlements.

If one of your family members has been injured in this tragic pileup call, 281 8930760 for a personal consultation with the preeminent rated truck accident lawyer in Texas. You may also Click Here to send an email requesting a confidential consultation with our leading truck accident lawyer.

There is no charge for the consultation, and we will do our best to answer your questions regarding your rights and options.

If we accept your case, there is no fee unless we win your case. Call (281) 893 0760 for a no-obligation consultation.

 

For additional information see:  Dallas News

How Much Are Truck Accident Settlements?

 

Every accident is unique. A look at past truck accident claims can give you some idea of what to expect as you manage your truck accident claim, but it cannot guarantee the compensation you will receive. Talk to a lawyer for a truck wreck to get a better idea of how much compensation you deserve for your specific truck accident and for a better idea of how to seek it.

Factor #1: The Party (Or Parties) That Caused Your Accident

The party that caused your truck accident can play a huge role in determining how much compensation you will ultimately receive for the accident. Truck drivers usually carry high-value insurance policies that will provide a high degree of compensation to individuals injured in an accident caused by that driver. Those policies do, however, have limits. But many larger trucking companies or businesses have excess insurance policies. Talk with a leading 18-wheeler accident law firm to find out a company’s insurance policies. How much do truck accidents settle for?

By working with an attorney, many truck accident victims can identify other parties who may have contributed to the accident and who, therefore, share liability for your injuries. You may be able to claim compensation for your injuries from those parties. For example, the trucking company may share liability for the actions of its driver or for the accident, especially if the trucking company had unrealistic expectations or required its drivers to ignore federal laws that mandate the number of hours a truck driver can spend on the road.

Factor #2: The Extent of Your Injuries

Big trucks have a lot of bulk and take up a great deal of space on the road. They take longer to stop and more effort to move. As a result, semi-trucks can cause significantly more damage in an accident than a smaller passenger vehicle. For victims of accidents involving big trucks, that may mean a greater likelihood of severe injury, including traumatic brain injury, spinal cord injury, or even amputation. The injuries from an accident with a truck may lead to lifelong impact–and leave you with substantial medical bills.

Most often, your medical bills will form the foundation of your personal injury claim. Even the amount you receive in compensation for pain and suffering may be based on a percentage of your medical expenses and your doctor’s opinions about your injuries.

Many truck accident victims have high medical bills. You may have big emergency room bills and ongoing bills from hospitalization, treatment for your injuries, and therapy. Every surgery or procedure will add to the medical costs you face.

Keep track of all medical bills related to your treatments. You may want to start a specific file that will allow you to easily track your medical expenses and how they mount as you manage your recovery. If you have health insurance the health insurance will keep track of what they pay, and you should keep track of your deductibles.

Factor #3: How Much Work You Missed

In addition to the financial burden associated with your medical bills, you may miss out on much-needed income during your recovery. Many truck accident victims suffer injuries that prevent them from going back to work immediately after the accident. If you suffer a traumatic brain injury, for example, you may not have the ability to interact with customers or to focus on your usual daily work tasks. If you suffer back injuries, it could prevent you from standing up, taking care of lifting tasks or even sitting at your desk for long periods of time.

In many cases, your employer will work with you in an effort to get you back in the office as soon as possible. Some employers, however, may encourage you to stay home due to liability issues or might lack the ability to make the modifications you need to return to the office. As a result, the amount of time you miss at work may vary depending on your injuries, your profession, and your employer.

Fortunately, you can include your lost income as part of your truck accident claim.

Factor #4: Any Other Financial Losses You Faced

The financial losses you faced after a truck accident may vary substantially. You may have suffered severe damage to your vehicle or missed out on a job opportunity because of your accident. Discuss any other financial losses related to your accident with your attorney to get a better idea of what compensation you should expect.

Factor #5: How Your Injuries Impact Your Life

18 wheeler settlements Most personal injury claims include a specific segment for pain and suffering. In that segment, your 18 wheeler accident attorney will detail how your injuries have impacted your life: how many activities you have missed, what time you have missed with loved ones, and whether you have missed out on your enjoyment of life as a result of your injuries. You may also discuss your physical pain related to the accident. If your injuries impact your life substantially, you may increase the compensation you can receive for pain and suffering.

Factor #6: Do You Have an Attorney?

Having an attorney on your side can make a big difference in your truck accident claim. Sometimes, truck accident victims try to handle their claims on their own. They may feel that they can take care of things without bringing in an attorney, or they might worry that an attorney will cost more money than they can afford. However, victims will find that working with an attorney ultimately helps increase the compensation they can receive, even after paying their legal fees. An attorney can help put together a highly effective case for your claim, which can increase the odds that the insurance company will provide the settlement you deserve. It is a fact that without a reputable lawyer, you are at a big disadvantage and what you may be offered will reflect that reality.

Factor #7: How Much Will You Negotiate?

Reaching an agreement in a truck accident claim may require a great deal of negotiation. In fact, you may go through several rounds of negotiation before you arrive at an acceptable settlement agreement. If you do not want to negotiate, an option some victims choose because they need a fast settlement, it will decrease the compensation you ultimately receive.

Did you suffer injuries in a truck accident? Do you need to know more about the compensation you should expect for your injuries?

Contact the Texas truck accident law firm today to learn more about your right to compensation after a truck accident.

Call (281) 893-0760

 

 

Common Injuries Sustained in Large Truck Accidents

Common Injuries Sustained in Large Truck Accidents

 

Across America, big trucks travel along this country’s highways, rural and urban roads. A vital part of the U.S. economy, it is estimated that trucks move about 71.4% of the nation’s freight by weight. According to the American Trucking Associations, in 2017, registered trucks traveled 297.6 billion miles!

 

motorist hurt in accident with a big truckWith so many hours on the road, accidents, where deaths and injuries occur, are inevitable. In 2018, it was reported that 4,862 large trucks were involved in a fatal crash; this was a 1% increase over the previous year.

Also, in 2018, 112,000 big trucks were involved in an accident where someone was injured; this was a 5% increase from 2017. Although there are many factors that contribute to these crashes, many times, driver error is to blame. Truck drivers often are under pressure from their employers, can spend up to eleven hours a day on the road, and have to contend with many blind spots when driving.

Although the benefits these trucks provide to our economy is essential, these statistics underscore the potential public hazard trucks often present, especially in Texas – a state with some of the most dangerous roads. Below we will explore some of the contributing factors to these accidents, common injuries, and how you can get help if you are the victim of a truck crash.

Factors That Contribute to Accidents

There are several factors that contribute to trucking accidents. Most of these crashes fall under one or a combination of three categories: vehicle issues/maintenance, driver-related, and environmental conditions.

  • Vehicle Issues/Maintenance – A commercial vehicle’s brake system includes several parts that all must work together for the brakes to function properly. Inadequate braking on large trucks is a serious problem. Brake related violations comprise the most significant percentage of out-of-service violations. When employers fail to maintain, inspect, and repair a vehicle’s brake system, the result is faulty brakes that contribute to serious accidents. A report from the Federal Motor Carrier Safety Administration (FMCSA), ‘Large Truck and Bus Crash Facts,’ vehicle-related causes for fatal crashes in 2017 attributed brake systems as the third most frequent vehicle-related issue, after other vehicles and tires.
  • Driver-related – Of the many factors that are attributed to the driver regarding accident causation, here are the top five related to fatal crashes occurring from 2015 – 2017: speeding, distracted driving, failure to yield, being under the influence of drugs or alcohol, and careless driving.
  • Environmental Conditions – Sometimes, roads are designed poorly, which contributes to accidents. Other times inclement weather such as rain or ice adversely affects road conditions leading to crashes.

Driving Dangerously in Texas

When it comes to driving in Texas, the state has several deadly highways. One study concluded that ’10 percent of the fatal car accidents that happened in the U.S. in 2015 happened in Texas—and 62 percent of those occurred on the state’s highways and interstates.’

Value Penguin compiled a list of the top fifty most dangerous highways in the nation. Texas claimed eleven spots on the list with one in the top five – Interstate 10. Their research found that the highest amount of fatal crashes occurred on the stretch of I-10 that runs through Harris County. And overall, from 2010 to 2016, 585 fatal accidents happened on Interstate 10.

Also, the increase in shipping goods has to lead to an increase in accidents like a FedEx truck accident.

Common Truck Accident Injuries

If you live in Texas, you need to be extremely vigilant while driving because, as the statistics above reveal, conditions in the state are particularly hazardous. When a truck ends up causing an accident, fatalities are only part of the outcome. Many persons also suffer severe injuries in truck crashes, and often they are the occupants of the other vehicle involved. Below are some of the common injuries that victims of truck accidents experience.

  • Back and Neck Injuries – A passenger vehicle is no match for a semi-truck since the average truck weighs about 40 tons, and a car weighs less than two tons. When an accident occurs between these two types of vehicles, the force that impacts a car can have a tremendous effect on the occupants. A crash can cause whiplash, severe pain, and even paralysis.
  • Spinal Cord Injuries – When a car is struck by a large truck, one of the most severe injuries that can be sustained by the driver and passengers are spinal cord injuries. Often the victims will be in extreme pain, need surgery, or may suffer permanent damage such as paralysis. Those who escape permanent injury may still require extensive physical therapy to return to normal functioning.
  • Head and Brain Injuries – Two other types of serious injuries that persons involved in truck accidents often experience are head and brain trauma. These injuries can be dramatically life-changing resulting in permanent disability, including blindness, disfigurement, and hearing loss.
  • Rib Injuries – Broken bones are also another frequent outcome of truck accidents. Broken ribs can be especially dangerous as they can puncture the lungs or other vital organs.
  • Internal Trauma – Sometimes, the equipment in a passenger vehicle that is designed to protect occupants in an accident can contribute to injury. During a crash, when airbags are deployed, they can lead to blunt abdominal trauma. Also, seatbelts, which can save a person from being ejected from the car in an accident, can cause chest pain, and severe injuries to organs such as the liver, bladder, spleen, and kidneys.Hurt truck driver

Contact a Knowledgeable Truck Accident Attorney

If you or someone you know was the victim of a truck accident, you need an experienced truck accident lawyer in Texas. An attorney who is familiar with large truck accidents will be able to conduct a thorough investigation that involves gathering pertinent documents, interviewing witnesses, and viewing surveillance footage.

A qualified attorney will also be able to negotiate with insurance and trucking companies and skillfully represent you in court if necessary.

Call (281) 893-0760 for a FREE truck wreck injury consultation!

 

 

 

 

What is a Truck Crash Investigation?

investigating a truck crash in Texas

Accidents can happen quickly, and they usually take us off guard. When a truck accident is severe, and you suffer injuries, it may be even more challenging to know what happened. The negligent truck driver or his company should be held responsible for the accident and for the damages that resulted. You may have compensation for your injuries, such as your out-of-pocket medical costs and lost wages. Hiring a truck accident attorney on a contingency fee basis enables you to have the needed representation without the upfront cost.

Gathering Data about a Truck Accident

Various documents will prove that the truck driver was negligent and that you sustained severe injuries. It is essential to file a police report, and it is a legal requirement in Texas whenever there is an accident with damages or injuries. The police will explain the accident, including driver and witness statements—the police report documents the date, time, and location of the crash. If there are witnesses, your attorney may want to talk to them. Also, there could be video surveillance that recorded the incident, which will be valuable in establishing negligence.

Truck Accident Reconstruction

Police reports, eyewitness statements, and other data are not always sufficient to establish how the accident occurred. Accident reconstruction is a way to determine what happened just before, during, and following a crash. An accident reconstruction specialist will examine data from the crash, look at photos of the scene, view damage to the vehicles, and might visit the location of the accident. A report will provide details such as the speed and location of the vehicles at the time of the accident and the factors that caused or contributed to the crash.

Truck Crash Investigation Team

A truck crash investigation team is a group of professionals with particular experience and training in various areas of accident analysis. It’s essential to get help from an investigation team as soon after the crash as possible. The team will gather data, review information, and seek additional documentation from sources when possible. Sometimes a court order is needed to obtain information about the truck driver, such as the driver’s log and the vehicle maintenance log and inspection reports. A skilled team will ensure that no stone is left unturned when collecting information about the incident. Remember that an investigation team will work on your behalf so you can concentrate on your recovery.  Big companies like

and have systems in place to investigate serious accidents.

Get the Legal Help You Need

Do not wait to seek legal assistance after a truck accident. The right Texas truck accident lawyer will take immediate action to obtain vital evidence after being hired. While you may not need a lawyer, if your injuries are substantial, you probably will. The rule of thumb is the more severe your injuries the more likely you will need counsel.

Seek out local attorneys with truck wreck experience and spend some time researching their qualifications before you sign a retainer agreement. Some time spent looking can be a great investment in your case.

Speak with a leading truck accident lawyer in Texas-

Call (281) 893-0760

 

DOT Changes the Hours of Service Rules for Truck Drivers

Yesterday, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule impacting 49 CFR parts 385 and 395, relating to hours of servers for truck drivers.

FMCSA DOT

The rule change is designed to give truck drivers more flexibility. Some of the significant changes include:

• The short-haul exception is now increased 250 air miles and allows a 14-hour work shift as part of the exemption.
• Driving in adverse conditions is extended by up to two hours.
• A 30-minute break is required after eight consecutive hours of driving time as opposed to on-duty time. On-duty – not driving qualifies as a break.
• The sleeper berth exception has been changed to permit a driver to satisfy the 10-hour minimum off-duty requirement by spending seven hours in the berth, and the remaining time to meet the 10-hour requirement may be spent out of the berth.

The new safety requirements loosen some requirements to comply with the minimum safety requirements of the regulations. You can read the full text of the changes by clicking here.

Because of the recent virus issues, the trucking industry has faced substantial pressure to deliver goods America needs to keep running. The new safety requirements are somewhat enhanced by the use of the Electronic Logging Device rule, which has tended to make it much easier to assess compliance with the hours of service regulations for commercial truck drivers.

The ELD rules have brought motor carriers and commercial drivers into the electronic information age, which has been a much more productive way to record compliance with the safety regulations.

According to the DOT, the final rules will improve driver efficiency and that compromise safety. None of the changes increases the maximum allowable driving time.

Here is a video of the announcement.

Amazon Truck Accident Leaves Two Dead and One Injured in Houston

 

A multiple-vehicle accident involving vehicles, as well as an Amazon delivery truck, turned fatal on the North Freeway at Rankin. According to police reports, and vehicle towing a trailer traveling south on I 45 had a flat tire. The family, which included a father, mother, and two young children, were inside the SUV. They pulled over to the side of the highway, and another vehicle crashed into the back of the SUV.

The driver of the car that struck the back of the trailer and the mother of the SUV got out of their vehicles. As they were standing alongside the crash, another car swerved to miss the wrecked vehicles and hit the dividing wall spinning into the travel lanes of the highway.

A witness to the accident pulled over and got out of his car to assist. Meanwhile, an Amazon truck crashed into all of the vehicles killing the man and the woman standing outside of their vehicles. The witness who had pulled over to help solve the tractor-trailer approaching and jumped off the overpass to avoid being killed.

The fall is at least 15 feet according to several sources. The innocent bystander was also able to call the authorities and was taken to the hospital in serious condition. Later reports suggest that the good Samaritan lost both legs.

While the investigation is ongoing, authorities have identified that the road was slippery. Generally, when there is a fatal crash, authorities conduct a formal accident reenactment to determine the cause or cause of the crash. Because this was a multiple vehicle incident, the conclusions of authorities can take several weeks. No charges have been reported.

According to reports, Amazon has released a statement with sympathies for everyone involved and a pledge to cooperate with law enforcement.

If you or a loved one are in a truck accident consult the best trucking accident law firm as soon as possible after the wreck.

The latest reports have the good Samaritan witness in stable condition with severe injuries. This terrible tragedy has impacted many Houston families; We offer our deepest sympathy.

How Long Can I Wait to File a Truck Accident Claim?

 

Texas is a hub for commercial truck transportation. The Texas Department of Transportation compiles crash information from across the state. This information helps authorities evaluate trucking safety. According to statistics, there were 37,515 truck accidents in Texas in 2018. 

 

These accidents resulted in hundreds of fatalities and many thousands of injuries. The negligent driver or company should be held responsible for paying you for your damages, which might include medical expenses, lost wages, pain and suffering, and more. If you were hurt in an accident with a truck, you might wonder how long you can wait to file a claim.

 

Laws Limit the Time to File a Claim

 

Texas, like other states, has laws in place to limit the time you have to file a personal injury claim. These laws apply to civil cases. Generally, the law requires you to file a claim within two years after you sustain an injury. File a complaint as soon as possible after an injury. You should not wait until the limit is almost reached.

 

The longer you wait to file a lawsuit, the more challenging it becomes to prove your injuries and damages. Therefore, to make sure that you will get the most for your claim, always file a lawsuit as soon as practical after the accident occurs.

 

Truck Accidents are Different from Other Accidents

 

Truck accidents are more complex than other types of crashes for several reasons. The injuries associated with a truck accident are likely to be more severe, and the associated medical costs may be much more extreme. There could be various factors that cause or contribute to a truck accident, and it can take some time and effort to gather the necessary data.

 

Truck drivers must log their time, and they cannot drive longer than allowed by law. If they drive too long or do not rest between trips, they could be driving while fatigued, which could impair their ability to handle the truck.

 

More than one party may be negligent in causing a truck accident. For example, the trucking company must adequately maintain a truck. It must ensure that the truck gets regular repairs and inspections. Failing to maintain a truck could contribute to a severe accident on the road. Improper securement of cargo can also lead to accidents. Inexperienced drivers may not control a vehicle under some adverse conditions. Your attorney will review the factors to determine how to prove your truck accident claim.

 

How a Truck Accident Attorney Will Help

 

As experienced truck accident attorneys, we understand how to handle even the most complex accident cases. We work on your behalf to immediately secure documents and data to prove your case. Our team will guide the legal aspects of your case so you can concentrate on your recovery. If you or someone you loved was hurt in a truck accident, we are here to help. Contact us today at (281) 893-0760!

 

Construction Worker Killed While Placing Cones at Crosby Freeway

 

 

A worker was struck and killed while he was placing cones as part of a road construction project. The accident happened at the entrance of the Crosby Freeway near the 13700 block. According to reports, a driver lost control of her vehicle and hit the construction worker.

 

Deputies report that the woman said she thought she was having an epileptic seizure causing her to swerve off the road and hit the man. The police will investigate the crash to determine the cause.

 

Texas Move Over Law

 

Texas has a “move over” law in place statewide. The law requires motorists to slow down and move over when they see flashing lights from a police car, ambulance, or another emergency vehicle. Drivers must move out of the lane closest to the lane where the emergency vehicle is located. If they cannot safely move over, they must slow down to at least 20 MPH under the posted speed limit. The law went into effect in 2003.

 

Since then, the law was amended to include Texas Department of Transportation (TxDOT) vehicles. Road construction and repair vehicles are commonly seen near our roads, and workers are dangerously close to lanes of traffic. Here, the worker was placing cones, and the driver apparently did not move over as required. The law is in place to protect emergency responders and others and to ensure their safety.

 

Penalties for Failure to Move Over or Slow Down

 

Penalties are in place for those who are caught disobeying the law, and the move over or slow down law is no exception. Drivers who do not move over or slow down are subject to both criminal and civil penalties. A driver will be ticketed and have a fine of up to $200 for failure to move over or slow down. If there is property damage involved, the penalty will rise and could range up to $2,000.

 

Criminal charges are typically a Class B misdemeanor if you cause physical harm to someone due to violation of the law. If death occurs, you could be charged with vehicular homicide.

 

Since the law was changed to include construction workers, police have been focusing efforts on violators of the move over law. Enforcement helps educate drivers to make them aware of the law.

 

Drivers should always slow down and move to a different lane to provide a protective buffer between traffic and first responders or construction workers. Drivers should pay attention to the road and to any issues that could lie ahead of them. Distracted driving continues to be a problem that could contribute to failing to follow the law.

 

Here, we do not know what caused the driver to become distracted; however, the result was the unnecessary death of a construction employee.

If you were hurt in an accident, call us to discuss your rights and options! There is never a charge for an initial case consultation.

 

You might be owed compensation for your injuries. Contact us today for a free initial consultation to discuss your case. Call (281) 893-0760 or click here to fill out our online contact form.

 

 

 

 

 

 

 

What are the Dangers of 18-Wheelers?

 

Lawyer for trucking wreck Every day we share our roads with large commercial trucks. Houston is a hub for trucks that deliver goods across the country. Large trucks have a gross vehicle weight of 10,000 pounds or more, as defined by the Federal Motor Carrier Safety Administration (FMCSA). Many large 18-wheelers weigh as much as 80,000 pounds when filled with cargo, and easily outweigh passenger cars by 30 times. Large trucks are involved in an average of over 500,000 accidents a year across the country. Many of these accidents result in serious injuries or fatalities.

What Makes Big Rigs Dangerous?

Many factors make big rigs dangerous to other drivers on the road. Trucks weigh much more than passenger vehicles, which makes braking slow. It may take 20 to 40 times longer for a big truck to come to a stop than a typical car. Large trucks cannot maneuver like smaller vehicles, and they have blind spots, even when they utilize mirrors. Drivers often work for many hours and drive long distances at a time, causing potential fatigue.

Fatigue can slow a driver’s response time considerably. Inexperienced drivers may have difficulty controlling a big loaded rig. Shifting cargo can make it impossible for a driver to stop a big rig from an accident. Some trucks carry hazardous materials that can spill or leak in an accident, creating a dangerous situation. Drivers that make mistakes or have judgment errors on the road can cause chain-reaction accidents.

Causes of Big Rig Accidents

There may be multiple causes and contributing factors in large truck accidents. There are three main categories of accident causes, including human error, mechanical failure, and external conditions. The most common causes of accidents are human errors. These include such things as improper lane changes, speeding, tailgating, failure to yield, distracted driving, and impairment. Of these, distracted driving is one of the most common factors that contribute to all accidents, including big rig crashes.

Distracted driving consists of a variety of actions such as eating or drinking, cell phone use, texting, and others. Truck drivers may be susceptible to distracted driving, especially when they travel for long periods on large highways. Drivers must adhere to laws that limit them to 11 hours of driving at a time. Mechanical failures can cause semi-truck crashes. The most common mechanical failures are brake malfunctions and tire blowouts. Road conditions such as heavy rain, fog, and road debris may make it more challenging to maneuver on the highway. Truck drivers must be especially careful to drive defensively and pay attention to other drivers and issues that could cause accidents.

Injuries as a Result of Truck Accidents

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

Consult with a Truck Accident Attorney

Call to speak with one of the best truck accident attorneys in the nation. Never a charge for an injury accident case consultation.

Call (281) 893-0760

What are the Monetary Limits in Truck Crash-Personal Injury Cases?

Attorney for accident in Texas

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In Texas, the law limits the amount of money you can recover in a personal injury case in a few situations.

What are the Damage Caps in Texas?

The law provides limits for the amount of monetary compensation you can recover in some types of personal injury or wrongful death cases. These limits apply in three distinct situations, including:

Personal injury claims that include punitive damages

● Medical malpractice lawsuits

● Personal injury cases against the government

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In regular negligence cases, the negligent party is responsible for damages. Gross negligence means that the party’s actions were beyond negligent. Punitive damages are not associated with economic reimbursement for expenses such as medical costs or lost wages. Punitive damages are also called exemplary damages.

Legal Punitive Damage Limits in Texas

In Texas, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages. The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages.

The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Punitive damage limits are in place to deter people from recklessly endangering the public and committing extremely dangerous acts. When you are hurt due to the negligence of someone else, litigation is warranted, and damages are limited to compensatory damages.

Compensatory damages for a trucking accident would include such things as mental anguish, pain and suffering, medical expenses, and disability or disfigurement. You are entitled to receive compensation for damages that happened to you because of the negligent act. 

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial.

A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court. 

Your lawyer will work to get you the compensation you need for your economic and non-economic damages as well as provide proof of gross negligence where it applies. Injuries from truck accidents can be severe, and recovery can be a lengthy, ongoing process. There may be information available to prove that the driver was grossly negligent or that the trucking company was extremely careless.

Gross negligence in an 18 wheeler accident could be not correctly inspecting or maintaining their fleet when the dangerous condition was known and played a role in the crash.

If you were hurt in a truck accident, do not delay. The law limits the time to file a claim. Contact the attorney for a truck accident in Texas. Call (281) 893-0760!

Next Post
touch to call now