In 2023, there were 549 fatal crashes in the state of Texas involving commercial motor vehicles. These crashes were part of the 38,909 total commercial motor vehicle crashes that occurred statewide that year, according to the Texas Department of Transportation.
If you or someone you love was hurt in a truck crash, you need to understand your rights as you may be able to recover compensation. Since truck accident injuries are often serious and even fatal due to the large size of commercial trucks, it’s crucial you have an advocate who knows the law inside and out and who will fight for you.
At George Salinas Injury Lawyers, our legal team has 110 years of collective experience. With past experience working for insurance companies, we know how they operate and how they aim to pay crash victims as little as possible. We also know how to fight to ensure you get the fair compensation that you actually deserve.
Give us a call or contact us today at (210)-225-0909 to talk with a New Braunfels truck accident lawyer to find out more about the legal advocacy we can offer.
Common Causes of Truck Accidents
Truck crashes can happen for many reasons, but some common causes include:
- Fatigued driving
- Driving under the influence of drugs or alcohol
- Speeding
- Improperly loaded cargo
- Distracted driving
- Poor truck maintenance
In many cases, there are rules designed to prevent these big risks. For example, hours of service regulations established by the Federal Motor Carrier Safety Administration limit how long a trucker can drive without taking a break.
Unfortunately, sometimes drivers still behave carelessly or fail to follow safety rules, and collisions can happen as a result. If this happens to you and you can prove the truck driver was at least 51% to blame for the truck crash, you should be able to pursue a claim for compensation with the help of a New Braunfels personal injury attorney.
You’re allowed to make your case even if you were partly at fault, as Texas follows a rule called the modified comparative fault rule. Still, if you share the responsibility for causing the crash, your damages will be reduced by the percentage of blame you share. Texas Code Section 33.003 makes clear that the ‘trier of fact” will determine how blame is to be divided.
Understanding Your Legal Rights After a New Braunfels Truck Accident
If you can prove the truck driver was wholly or partly to blame, you should be able to recover compensation for economic and non-financial loss including medical costs, loss of past and future wages, pain and suffering, and emotional distress.
Painter v. Amerimex Drilling I, Ltd also makes clear that Texas follows a rule called vicarious liability. Under this legal doctrine, “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment.”
This rule enables you to pursue a claim not just against the driver, but also against the driver’s employer if your accident happened while the trucker was performing job duties. You can make your case against a defendant who may have more insurance and deeper pockets, maximizing the chances you’ll be fully compensated.
Contact a New Braunfels Truck Accident Attorney Today
At George Salinas Injury Lawyers, our New Braunfels truck accident lawyers know the ins-and-outs of truck accident claims, including common accident causes and how to prove the trucker was at fault. Give us a call today at (210)-225-0909 to schedule your free consultation and find out how we can put our decades of legal knowledge to work for you.