Texas has a massive volume of commercial trucks and freight traveling on roads and highways at any given time of day or night. Unfortunately, this state also has more accidents involving tractor-trailers than the rest of the country. Collisions involving massive 18-wheelers and regular passenger cars are often severe, resulting in catastrophic consequences, including severe injuries and fatalities.
You have the right to seek a payout if a negligent trucker or other related agency caused a preventable wreck. Contact a skilled Baytown truck accident lawyer to schedule a consultation and discuss a potential claim. Our personal injury attorneys go to trial often, so we are not afraid to aggressively pursue the compensation you deserve.
What Are the Most Common Causes of Truck Accidents?
Most tractor-trailer crashes stem from preventable factors, such as driver error or mechanical issues. Some examples of the most common causes include the following:
- External factors, such as inclement weather or poor roads and infrastructure
- Truck operator errors, resulting from fatigue, distractions, speeding, or improper maneuvering
- Negligence of third-party companies, such as overloading or improper loading of cargo, errors during maintenance, or defective vehicle parts
- Vehicle mechanical issues, resulting from a lack of maintenance or faulty parts, such as brake or steering failure, tire blowouts, or cargo shifts
- Crashes caused by a reckless third-party driver, such as a driver cutting trucks off, making unsafe lane changes or other maneuvers, or following too closely
- Trucking company negligence, resulting from careless hiring practices, inadequate training, or failure to ensure compliance with federal guidelines, such as hours of service
Driver fatigue is a serious issue and the leading cause of collisions involving tractor-trailers. The Federal Motor Carrier Safety Administration closely governs and regulates the maximum time a driver is allowed to operate a vehicle under the Hours-of-Service regulations. Our experienced attorneys understand the industry and can investigate the cause of the Baytown big rig wreck and help gather the crucial evidence needed to establish fault.
Filing a Claim for Damages
State insurance laws follow a fault-based system for truck crashes, allowing the victims to sue the liable party or parties for damages. The deadline for filing the case in court is two years from the date of the collision, and missing it can mean losing the ability to obtain a settlement.
Lawsuits involving 18-wheelers are more complex for several reasons, as cases may involve:
- Trucker errors
- Multiple liable parties
- Manufacturers of defective parts
- Cargo loaders for overweight or improperly secured loads
- Vicarious liability of the trucking companies that employ them
A skilled Baytown tractor-trailer crash lawyer can prepare and forward a demand letter to the other party’s insurance company and handle the communications and negotiations on your behalf. If a just and acceptable settlement agreement cannot be reached, we can help you file a claim in civil court.
Modified Comparative Negligence
The modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001 bars recovery if the court finds that you are over 50 percent at fault for the crash. However, if the court finds that you are at fault for less than that amount, your portion of responsibility is subtracted from the award for damages.
When multiple parties share fault, the court determines each party’s percentage of fault and assigns that portion of responsibility, and each must pay their share. If the court finds that someone not included in the suit shares liability, you have the right to pursue legal action against those parties in a different claim.
Call a Baytown Truck Wreck Attorney for Help
A crash with a much larger tractor-trailer is often traumatizing and can change your life instantly. You have every right to expect compensation for your damages when the negligence of a trucker or other related party causes you injuries and losses.
Federal and state agencies closely regulate the trucking industry to reduce the risk of collisions and increase roadway safety. Unfortunately, there is no way to eliminate accidents entirely. Call our firm today to schedule a consultation with a credible Baytown truck accident lawyer to learn more.