According to the Texas Department of Public Safety, the state maintains the second-largest commercial driver’s license (CDL) system in the U.S., with approximately 52,000 skills exams administered every year. Though the objective of the CDL program is to reduce truck accidents through training and enforcement initiatives, crashes are still shockingly common. Many collisions are preventable, and could have been avoided if not for truck driver negligence. Unfortunately, victims frequently suffer fatal or severe injuries due to the size difference between a commercial truck and a passenger vehicle.
If you were injured or lost a loved one in a truck collision, you need solid legal representation on your side. Our Texas truck accident attorneys at Begum Law Group Injury Lawyers can help with negligent driving claims, and we’re prepared to take the matter to court as necessary to recover the compensation you deserve. To schedule a free, initial consultation of your case, contact us today at (866) 523-4167.
Truck drivers engage in many negligent acts, including:
When truck drivers suffer from fatigue, they could violate the law on the number of hours in service. The Federal Motor Carrier Safety Administration (FMCSA) has established regulations limit the time period a truck operator can spend behind the wheel. For instance, drivers carrying cargo are limited to a maximum of 11 work hours after spending 10 consecutive hours of time off, and must take a designated amount of time for rest breaks.
Improperly loaded cargo may also be a source of truck driver negligence, as accidents are common when debris falls off the trailer and into the path of following vehicles. Other drivers may be unable to steer clear of these items, or heavy cargo could crash directly onto the windshield. Severe collisions may occur when an unsecured load shifts, causing the truck to jack-knife or overturn.
Unsecured cargo may form the basis of a negligence claim where:
Though some laws and factors are unique to driving a truck, operators are subject to the same rules of the road as any other driver. They have the same legal duty to avoid causing a safety risk, so an operator could be liable for dangerous driving by:
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
Like many other motor vehicle accidents, truck collisions usually happen because someone was careless or reckless while driving. Proving this negligence requires you to establish four essential elements:
All motorists have a legal obligation to drive safely, including truck operators. This duty generally requires drivers to exercise reasonable caution, so they don’t put others on the road at risk of injury.
You must show that the truck driver’s acts deviate from the legal duty of care, constituting a breach. It’s necessary to prove that another person, faced with the same circumstances, wouldn’t have acted as the operator did.
There must be a link between the truck operator’s breach of duty and the accident that led to your injuries. You satisfy the causation test by showing that the crash wouldn’t have happened but for the driver’s negligence.
You need to present evidence regarding the losses you sustained as a result of your truck accident injuries. For instance, you may sustain damages related to:
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With the help of a truck accident lawyer, you may be able to recover compensation for your damages. However, though the four elements described above may seem straightforward, there can be complicated legal and logistical issues, such as:
The sheer size and weight of a commercial truck means that devastating injuries are likely for occupants of a passenger vehicle. Head injuries, spinal cord trauma, damage to internal organs, and related injuries are expensive to treat.
There may be several individuals and companies involved in a truck accident claim, each of which may have played a role in causing the crash. Beyond the operator, negligence concepts may attach liability to:
Truck operators are required to carry high insurance policies to cover property damage and injury-related losses of victims in a crash. Some coverage amounts can reach into the millions, depending on the type of truck and cargo. When the stakes are high, insurance companies assign their most qualified, experienced adjusters to a claim. These employees are trained to find loopholes or reasons to avoid paying a large claim amount to accident victims.