Due to the size and weight of their vehicles, truck drivers have to take extra care on the road. Unfortunately, one mistake can lead to a costly and often fatal collision.
If you had an accident with a truck in San Angelo, you could take legal action to recover from your losses. A truck accident lawyer serving San Angelo from D. Miller & Associates, PLLC® can help you throughout the legal process.
Liability in San Angelo Truck Accidents
Besides following local traffic laws, San Angelo trucking companies and their drivers should also avoid endangering others by complying with federal and state truck safety regulations. Some of these include:
- Hours of Service:Truck drivers are limited to a specific number of hours of driving before they are required to take a break.
- Drug and Alcohol Use and Testing: Truck drivers cannot use drugs or alcohol on duty and must undergo alcohol and drug testing before work
- Routine Maintenance: The trucks must undergo maintenance checks and repairs to ensure their road worthiness.
If evidence shows that they violated such laws, you could hold them liable for the trucking accident. However, our truck accident lawyers can also investigate if other parties are at fault for the collision. For example, a construction firm may be liable if they did not place sufficient warning signs on their roadworks, resulting in the truck driver being unable to evade the hazard on time.
Sharing Fault Can Reduce or Bar Recovery
Under Texas law, you cannot receive financial recovery if you are over 50 percent at fault for your truck accident.
Imagine you are 40 percent liable for running a red light, while the truck driver is 60 percent liable for driving under the influence of alcohol. That means you would only recover 60 percent of your total losses.
Filing an Insurance Claim for Your Truck Accident
Filing a liability claim with the truck company’s insurance company is the first option for many truck accident victims. The Federal Motor Carrier Safety Administration(FMCSA) requires all truck companies, including San Angelo, to have liability insurance for all their trucks. Should the trucks get involved in an accident, the liability coverage will help shoulder the victims’ expenses, such as hospital bills and car repairs.
However, the truck owner’s liability coverage generally only applies if the driver was on-duty or if their actions were not grossly negligent or intentionally harmful. So if, for instance, they were driving while drunk or using the truck for a personal errand, then their auto insurance policy would kick in instead.
Keep in mind that the truck owner or driver’s insurance provider will likely not take your side. That means you might not get a fairer offer at first, as they will try to downplay their client’s fault in the crash. Our truck accident team can help you negotiate.
Bringing a Truck Accident Lawsuit
Depending on certain circumstances, our commercial vehicle accident lawyer serving San Angelo could suggest filing a personal injury lawsuit against the liability party instead. This could happen if the truck owner or driver is uninsured or does not carry enough insurance. An insurance company may also refuse to cover the accident if the driver caused the crash purposefully, such as in the act of road rage.
With an accident suit, the civil court will review the accident before deciding whether you can recover damages or not. The truck accident lawyer can represent you during the proceedings until the case settles. If you decide to negotiate with the other party through arbitration, the attorney can speak on your behalf.
Deadlines for Filing Your San Angelo Accident Case
According to Texas law, you must file the suit within two years from the accident date. Failure to comply will automatically dismiss your case, barring you from recovering anything through the court. So, it would be prudent to start working on it sooner than later to avoid missing the deadline.
While helping you build your case, our truck accident lawyer serving San Angelo can also monitor your timetable to ensure that you can file on schedule.
Your Recoverable Truck Accident Losses
If the claim or case settles successfully, you could recover economic and non-economic losses. The first type of damages repays you for the financial costs you accrued, which typically include:
- medical bills (hospitalizations, surgeries, medications, and so on)
- lost earnings (if you could not work or manage your business due to injuries)
- auto repairs and other property damage-related expenses
On the other hand, non-economic losses, like the pain and suffering the truck accident caused, may also warrant recovery. These losses can include trauma, disabilities, and loss of consortium.
Work With Our Truck Accident Attorneys Serving San Angelo
Dealing with your losses after a truck accident can be a distressing experience for anyone in San Angelo, TX. However, do not let that stop you from exercising the right to seek financial recovery from the at-fault party. If you want to get started, you can consult first with the office of D. Miller & Associates, PLLC®. Our truck accident lawyer can assist with the various tasks involved in filing for damages.
Our lawyers have served injury clients for 20 years and counting and are ready to use our combined experience on your case. We also offer free case evaluations. Call us today.
Related Frequently Asked Questions
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- Should You Ever Accept the Insurance Company’s First Offer After an Accident?
- Who Can Be Liable for a Truck Accident in Texas?
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