Due to their immense size and weight, truck accidents have a much higher likelihood of causing serious injuries or death. According to the National Highway Traffic Safety Administration (NHTSA), 380,000 large trucks were involved in traffic crashes in the U.S. in 2008. 11% of all traffic fatalities in the U.S. involved large trucks. In the state of Texas, large trucks were involved in 9.1% of all fatal crashes statewide.
Truck accidents can be caused by negligence by the truck driver or another party. To show negligence, the injured person must show that the defendant breached a duty of due care to the victim, and that the breach was the foreseeable cause of the injury. If the truck driver (or trucking company) is found to be negligent, then the injured person may seek compensation for past and future medical expenses, lost wages, pain and suffering, physical impairment, property damages and more. Where there is evidence of defendant’s outrageous conduct (such as alcohol or drug use), the injured person may also be entitled to punitive damages.
Some frequent causes of truck accidents are:
Driver exhaustion – state law limits the number of hours that truck drivers can drive in a day
Truck cargo overload
Drug or alcohol use by truck driver
Improperly loaded trailers, loads, containers
Speeding, negligent driving
However, the percentage of fault of each party will determine the damages you are entitled to, if any. In Texas, if the plaintiff (the party) is determined to be at least 51% at fault, then the plaintiff will not be entitled to any damages. Therefore, it is crucial to have an expert attorney who can represent your interests and investigate your accident claim when possible.
Blake Bailey is an experienced Texas attorney who is board–certified by the Texas Board of Legal Specialization in personal injury trial law. He has tried close to 200 jury trials to conclusion.
Call us Toll Free at 800-846-0433 or locally at 903-593-7660 for a free initial consultation. You may also contact us online.