In 2023, there were 43,780 commercial vehicle accidents, and the previous year, there were 810 deaths in large truck crashes. Truck accidents are complicated legal matters in Texas that are governed by state and federal regulations. If you have been injured in a truck crash in Fort Worth, it’s important to understand these laws and how they may affect your ability to recover damages.
Comparative Negligence
Texas uses comparative negligence when deciding who’s to blame in an accident, which can reduce the compensation a plaintiff receives based on their share of fault in causing the accident. If a plaintiff is less than 50% at fault for the crash, their damages will be reduced by how much of the blame falls on them. However, if a plaintiff is found to be more than 50% at fault, they are barred from recovering any damages.
Multiple parties may share fault in truck crashes, including the truck driver, trucking company, manufacturer, and other drivers. Determining the negligence percentage for each party is a key factor in determining compensation. Experienced Fort Worth truck accident lawyers can help build a strong case regarding the defendants’ negligence.
Strict Liability Laws
Some truck accident claims allege violations of state or federal safety regulations, such as:
- Exceeding weight limitations, which is 80,000 pounds including the truck, trailer, and cargo.
- Failing to maintain the truck properly
- Not completing required inspections
In these situations, trucking companies and drivers may be held to a strict liability standard. This means they would be financially responsible for any injuries or damage that resulted from the regulatory violation, regardless of fault. Strict liability laws hold commercial trucking operations to high safety standards to protect other motorists.
Local and State Jurisdiction
Some truck crashes in Fort Worth will be governed by Texas state laws and file claims in Texas civil court. However, if the accident involves an interstate commercial carrier, it may qualify to be moved to federal court given the multi-state implications.
Texas Statute of Limitations for Truck Claims
Texas has a two-year statute of limitations on filing personal injury lawsuits, including truck accidents. This means a claim must be filed within two years from the date of the truck crash or the right to compensation may be lost forever. This deadline also highlights the need to retain an attorney quickly after an accident to begin investigating and building a case.
Understanding Damages and Compensation After a Truck Accident
If liability is established, truck accident victims can seek compensation for a wide range of damages, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium for family members. Texas does not cap damages in personal injury cases.
Settlement Negotiations
Many truck accident cases settle before trial. A truck accident attorney will negotiate aggressively to obtain a fair settlement offer. If a satisfactory settlement cannot be reached, the attorney will prepare to take the case to court.
Comparative negligence rules, strict liability laws, jurisdictional questions, statutes of limitation, damages, and settlements all play a role in truck accident claims in Fort Worth. A knowledgeable truck accident attorney can thoroughly evaluate the accident specifics and build an effective case within the framework of Texas regulations. With sound legal counsel, truck crash victims can avoid common pitfalls and pursue maximum compensation for their injuries.
