While Texas continues to thrive, its large population and infamous traffic congestion make for dangerous roads, especially considering the number of large trucks and other commercial vehicles on the road.
Data from the Federal Motor Carrier Safety Administration (FMCSA) reveals that Texas has more fatal truck accidents than any other state each year, leading the state that comes in second by a landslide. The Texas Department of Transportation (TxDOT) adds that Amarillo ranks 12th among all cities in Texas for the total number of motor vehicle accidents, and almost 84% of those that occur in Potter and Randall Counties take place in Amarillo. In 2019, 1 in 20 accidents in these two counties combined involved a commercial motor vehicle (CMV), such as a large truck or bus.
If you suffered an injury or lost someone you love in a CMV accident caused by a negligent truck or bus driver, a commercial vehicle accident lawyer serving Amarillo, TX can help you pursue financial recovery. Contact D. Miller & Associates, PLLC™ today at (713) 850-8600 to speak with our legal team about your case.
Commercial Vehicle Accidents Often Lead to Serious Injuries
The Insurance Institute for Highway Safety (IIHS) reports that large truck accidents typically fare worse for passengers of lighter vehicles. In fact, passenger vehicle occupants made up 96% of all vehicle occupants who suffered fatal injuries involving a passenger vehicle and a truck in 2018. In addition to common truck driver errors such as driving while fatigued, the trucks have structural advantages that make them safer for their own occupants, such as:
- Weight of up to 30 times more than most passenger vehicles
- Increased braking time and distance, especially when loaded, on wet roads, or with bad brakes
- A higher ground clearance, which can allow smaller vehicles to slide underneath the trailer in accidents
Similarly, buses provide their own passengers with increased protection, but they often cause more injuries to those in other vehicles, as well as pedestrians.
A Commercial Vehicle Accident Lawyer Serving Amarillo, TX Can Help You Establish Liability in Your Case
In Texas, the company of the driver who caused the commercial vehicle collision must provide coverage for your financial losses. However, proving their liability can prove to be a challenging task, as police, insurance companies, and attorneys typically launch their own investigations into the case right away to determine its cause.
A lawyer can investigate the accident on your behalf and help you establish liability so you can seek financial awards. Contact the legal team at D. Miller & Associates, PLLC™ online today at (713) 850-8600, and we will respond as soon as possible to discuss your case.
Criteria for Negligence
Proving fault in a CMV accident case involves demonstrating that the driver who caused the accident had a duty of care to you or your loved one and should have acted responsibly by following traffic laws, surveying their environment, and making safe choices to ensure their safety.
By acting in a negligent manner or failing to act when necessary, they breached that duty of care and caused your injuries or the passing of your loved one, which resulted in your significant damages.
Evidence to Support Your Case
Certain types of evidence can help you or your lawyer prove the negligence of the at-fault driver and seek financial recovery. They may include:
- Police reports
- Medical records and bills
- Videos and photos from the scene of the accident
- Photos of injuries
- Cell phone records
- Field sobriety tests
- Black box information
- Eyewitness testimonies
A lawyer can investigate your case and assist you in gathering the documentation, statements, and other items that may strengthen your claim.
Fighting Back Against Insurance Companies
Even if you can prove that the other driver’s negligence resulted in your accident or the accident that took the life of your loved one, their insurance company may take some convincing. Despite the fact that policyholders have liability plans in place to benefit victims in the event that they cause an accident, insurance carriers often hesitate to provide them with an adequate settlement amount.
In some cases, insurance adjusters may attempt to offer the victim an insufficient settlement right away or even try to pin the blame on them for the collision. A commercial vehicle accident lawyer serving Amarillo, TX can handle all communication with the insurance company and fight for fair financial awards on your behalf.
Texas Statutes of Limitations on Commercial Vehicle Accident Claims
While you may have a right to pursue legal action against the CMV driver in your Amarillo accident case, Texas has statutes of limitations, or time frames, during which you can legally do so. If you fail to file your claim within that period of time, the court will not consider your case.
In most cases, victims and their families have up to two years to file a personal injury or wrongful death claim against the liable party. However, exceptions do apply. An attorney can determine how much time you have left to file and start working on your claim right away to help you avoid potential delays or prevent you from missing out on your window of opportunity.
Contact D. Miller & Associates, PLLC™ Today to Get Started on Your Case
Commercial vehicle accidents often have tragic consequences for victims and their families. At D. Miller & Associates, PLLC™, our lawyers believe that the person who caused the CMV collision that led to your injuries or the loss of your loved one owes it to you to provide coverage for your financial losses, and we can help you through the process every step of the way.
Since 2002, our lawyers have been providing support to personal injury victims in their legal cases. We pride ourselves on our accessibility to our clients, and we urge you to reach out to us.
Contact us today at (713) 850-8600 to discuss your case evaluation with our legal team.