Texas – March 8, 2021

A trailer became detached from a truck while traveling on Toll Road 49 in Smith County, causing a multi-vehicle crash that left one driver dead and another in the hospital.  The Texas Department of Public Safety representative reported the preliminary investigation found that a 2004 Freightliner truck towing a food truck became detached and the trailer traveled into the northbound lane striking a 2005 Toyota Tundra, and causing a 2019 Land Rover to crash into the back of the trailer.  The driver of the Toyota suffered fatal injury at the scene, and the driver of the Land Rover was transported to the hospital in stable condition.  The truck driver was not injured in the crash and the accident is being investigated. Truck accident attorneys in Texas can assist with wrongful death legal claims after an accident results in fatal injury.

Truck accident insurance.

Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 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. 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.

Time limitations to file a claim.

Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims.  A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Wrongful death legal claims.

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.

Hire a lawyer.

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/2021/03/08/traffic-diverted-toll-following-fatal-crash/

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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