Whether you choose to entrust your case with a San Antonio truck accident lawyer, or you prefer to take the reins and organize your own affairs, here are some key pillars of filing a truck accident lawsuit that you should be aware of in Texas.Texas Statute of Limitations
We’ve all experienced trying to recall a distant memory, where the details are foggy and the accuracy may be clouded. This is exactly why the law has something called a statute of limitations. It’s a time limit in which people have the right to bring forward a claim, while the details are still crisp and the evidence is still reliable. This is especially important for truck accident injury cases.
In Texas, the statute of limitations for truck accidents is two years. This applies to all cases that involve an injury or death and where the parties involved wish to file a lawsuit.Texas Laws for Truck Drivers
A San Antonio truck accident lawyer will tell you that there are many laws governing the rights and responsibilities of Texas truck drivers. There can be many causes of a truck accident. and such a heavy piece of machinery needs to be regulated harshly. That’s why they are required by law to follow Federal trucking regulations. As such, we can’t outline every single law in this one article, but here are three laws that you should know:Truck drivers are only allowed to drive for 11 consecutive hours, after 10 hours of rest. This means that if a truck driver has an accident in their 12th hour of driving, or only had a six-hour rest prior to driving, the odds of a court deciding in their favor are significantly reduced.Truck drivers in Texas are prohibited from using a handheld mobile device for any purpose.Truck drivers in Texas are required to have a commercial driver’s license (CDL). This means that their eligibility will be based on a strict review of any prior driving violations or a history of substance abuse.Identifying Fault for a Truck Crash
It doesn’t matter if you’ve been in a single-car or multi-car accident, in the state of Texas, fault is determined through a calculation of comparative negligence. It is also referred to as “proportionate responsibility”. As this second name indicates, damages are awarded or reduced in reflection of how much an individual’s fault or negligence has impacted the accident.
Here is an example:
Michael had only rested for eight hours prior to going on the road with his 18-wheeler—two hours less than the legal requirement. A trailer-truck crashed into him as he turned on a part of the I-37 that overlaps with an interstate highway. Although the other driver was clearly at fault, the accident was 33% less likely to have happened if Michael had rested for 10 hours before going back on the road. The cost of the damage to his truck was $300,000. He is entitled to claim up to $200,000 after deducting the monetary amount of his fault contribution.How Can an Attorney Help You?
An 18-wheeler accident lawyer in San Antonio does more than determine if you should be filing a claim or a lawsuit. In addition to litigating on your behalf should it find its way in court, these are the key steps an attorney will take when assessing your case:Determine who was at fault in the truck accidentManage the insurance claims and negotiating the best settlementGuide you through the process of statute limitations and documentation requirementsGive you peace of mind that a professional with the legal know-how is working on your case