Find Experienced Trucking Lawyers
Were you recently injured in a truck accident? Not sure what the next steps are? Contact our Texas truck accident attorneys today at Penn Kestner & Mcewen for a free consultation.
The Texas Department of Transportation states that based on reported crashes in 2019, there was 1 crash that occurred every 58 seconds in the state of Texas with a total of 421,882 total crashes. Of these crashes, a total of 37,515 were commercial motor vehicle involved accidents.
Texas Trucking Laws
Trucking is a very large industry in Texas. This is why safety is very important and a primary concern in regards to semi-trucks on the roads of Texas. There are many laws and regulations in regards to 18 Wheelers on a federal level and on a state level.
Federal regulations include driver, vehicle, and company requirements. These requirements are related to factors such as how long a driver can drive, their background and history, vehicle standards, and company rules regarding their timeline and drivers.
The FMSCA requires that truck drivers and trucking companies perform routine inspections and truck maintenance throughout each year as well as perform and record a pre-trip inspection before every drive. They also have rules that state how many hours that truck drivers can be driving on the road as well as routine drug and alcohol testing and regulations. These rules are set in place to make sure that everything is in order and there should be no problems, however, they are often broken, leading to truck accidents.
There are also rules and statutes that Texas holds itself to make sure that their roads are safe. These rules follow along with many of the federal regulations with the exception of a few. These include chapters from the Texas Transportation Code that relate to registration laws, special provisions for oversize or overweight vehicles, and permits.
If you have been involved in a truck accident in Texas and want to know more about the laws for Texas Truck driving in regards to liability, call us today for a free consultation.
What happens in a trucking accident injury case?
After being involved in a truck accident, there are certain steps that need to be taken in order to get the compensation you deserve for your injuries sustained in the crash. One of the first things an injured person should do is get a Texas truck accident attorneys so that you can be sure to take all the steps necessary to receive a fair amount for your damages.
In most all states, you can recover money for damages even if you are up to 50 percent at fault for a crash. However, in Texas you can only recover damages if you are under 50 percent according to the proportionate responsibility law.
There are many ways that negligent truck drivers cause Texas truck accidents that result in injuries, pain and suffering for the victims and their families. Common causes of truck accidents in Texas include:
- Driver Error: According to the FMSCA, driver error is the most common cause of truck accidents. This includes driver fatigue, cellphone use, distractions, texting, intoxication, and inexperienced driving.
- Mechanical Failures: The second most common cause of trucking collisions are mechanical failures. Equipment failures can include brakes, tires, trailer, broken signals, broken lights, design and manufacturing errors, improper maintenance.
Why File a Truck Accident Lawsuit?
Truck crash victims who are involved in big-rig collision can experience anything from mild to severe injuries. Oftentimes, because of the large difference in size between the trucks and cars, the injuries and damage are serious. Many of these injuries will require years of medical treatment, which can also lead to lost wages and the inability to return to work. As such, it is important to get fair compensation to help relieve some of these burdens. It is necessary for any and all settlements to reflect the costs of the injuries, treatments, and damages.
After filing a lawsuit against a truck driver or company, there will be a decision for settlement to award the plaintiff damages. This is a sometimes a long process and the amount retained is based on several factors. The plaintiff may be awarded economic, non-economic and punitive damages as a result of a truck accident.
Filing a truck accident lawsuit may seem like a lot of work, but with the help of Penn Kestner & Mcewen, you will not have to stress about what to do and how to handle your lawsuit. We get involved right away and help with every single step throughout the process to make it as stress free as possible and still get you the compensation that you deserve for your damages and suffering.
How Much is My Truck Accident Personal Injury Case Worth?
The amount of settlement you receive depends largely on your degree of fault in the accident. If you were found to be 25 percent responsible for the truck accident, your full recovery amount for estimated damages would be reduced by that same percentage of 25 percent under the Texas state law of Proportionate Responsibility. Sec. 33.012.
Your settlement amount also depends on a lot of other factors including injuries, damage, and insurance. Penn Kestner & Mcewen will help you receive full and fair compensation for your medical bills, lost wages, damages, and pain and suffering.
Penn Kestner & Mcewen Have The Experience You Need
Penn Kestner & Mcewen are trained to know all of the parts that go into tractor trailer lawsuits. We work exclusively on truck accidents and have high profile lawyers in the world of trucking. Our work includes investigating, developing cases, and negotiating settlement or going to trial for verdict. Our team has proven that we have the tools and power to win multi-million dollar settlements that our clients deserve.
- $17 Million settlement for trucking accident resulting in wrongful death of 3 people.
- $13.5 Million settlement for trucking accident resulting in catastrophic injury and permanent disability.
- $2.5 Million settlement for speeding semi-tractor crash resulting in traumatic brain injury to passenger in utero.
- $2.25 Million settlement for trucking accident resulting in wrongful death of one and traumatic brain injury and other serious injury to others.
- $2.05 Million settlement for wrongful death due to trucking accident
Click Here to see more of our past settlements and verdicts and for verification of our experience, knowledge, and success.
Contact a Trucking Accident Lawyer in Texas
Truck crash cases can be complicated and hiring knowledgeable Texas truck accident attorneys is a necessity. A dedicated Texas personal injury lawyer from Penn Kestner & Mcewen will help you realize your case and get the most out of it in court or in settlement. Contact us today for a free consultation.