Texas – March 13, 2021

One person succumbed to fatal injury at the scene of a crash on State Highway 64 near Arp,   Texas and Department of Public Safety Troopers were called to the scene involving an 18-wheeler and another vehicle.  Truck accidents often result in catastrophic injury and death, partly due to size discrepancies where a tractor trailer truck may weigh an average of 40 tons, which is much heavier than a passenger vehicle.  Truck accident attorneys in Texas can assist with wrongful death legal claims after an accident.

Size discrepancy.

Carriers operating in Texas must adhere to the maximum length, height, width, and axle limitations and meet requirements for bridge and weight laws. The size discrepancy between large trucks and passenger vehicles is a major factor in the amount of damages caused in truck accidents. Truck accident attorneys can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Types of truck accidents.

Common types of truck accidents include rollover, jackknife, and underride situations.  Rollover and jackknife accidents occur when the driver brakes, causing the trailer to slide around toward the front of the cab, and in a rollover the truck will turn sideways and begin to roll.  Any of these types of accidents can cause damage to nearby vehicles due to the extreme difference in size and weight.

Because truck driver negligence is costly, accident victims may file personal injury lawsuits against a truck driver, or trucking company.  Many truck accidents leave victims with severe, life altering injuries that can cause future financial instability, emotional harms, and pain and suffering.  Even minor injuries because of a tractor trailer accident should be investigated by insurance and legal professionals who can establish the merits of legal action.

Truck accident insurance.

Texas is a “fault state” and utilizes the 51% rule, where an injured person can be up to 50% responsible for an accident and still collect damages, but if they are more than 51% responsible for the accident, there will be no recoverable compensation.  Texas State law and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims.

Wrongful death.

In Texas, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death.  A Texas wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:

  • Medical bills and treatment,
  • Funeral and burial expenses,
  • Lost wages relevant to life expectancy compensation,
  • Compensation for pain and suffering,
  • Punitive damages based on individual case.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for wrongful death losses, or survivor’s insurance benefits caused by a truck accident.  When multiple vehicles are involved, an attorney is best suited to build a case utilizing complex trucking industry laws.

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 

Sources.

https://www.kltv.com/2021/03/14/emergency-personnel-scene-major-wreck-involving-wheeler-near-arp/

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf

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