Truck Accident Frequently Asked Questions
If you were involved in a serious truck accident, you may be entitled to financial compensation through a personal injury claim or lawsuit. An Austin truck accident lawyer from the Loewy Law Firm can help you understanding your legal options through a truck accident claim or lawsuit. Below, you will find a list of common trucking accident questions and answers. If you have additional questions about a claim, call the Loewy Law Firm for the legal guidance you need:
What makes a truck accident different than other traffic collisions?
Trucks are large and heavy. Because of this, truck accidents tend to be more dangerous than regular traffic collisions. Large trucks are used to transport dangerous materials, such as gasoline, which can result in after-crash fires and explosions. Large trucks may have difficulty slowing down, resulting in high-speed truck accidents, jackknife accidents, and rollover accidents and are especially dangerous when they involve passenger vehicles.
I was hurt in a car accident. What can I recover?
After a serious truck accident, you may be entitled to financial compensation for property damage, medical expenses, pain, suffering, and lost future income. If you lost a loved one in an accident, you can pursue financial compensation for lost companionship, lost financial support, and funeral costs through a wrongful death claim. Under certain circumstances, you may be able to recover funding that would have been used for your child’s education.
Who is responsible? The truck driver or the employer?
If you were involved in a truck accident, you can file a claim against the driver or the employer – depending on the circumstances surrounding your case. If the driver was responsible for your injury, he/she may be held liable for any damages that you suffered. Under certain circumstances, the trucking company can be held vicariously responsible for your injury. For example, the truck company could be held accountable for a driver who caused an accident by texting behind the wheel. Additionally, you could sue the trucking company for hiring an incompetent or poorly trained truck driver.
My accident was caused by a tire blowout. Who can I sue?
You may bring a lawsuit against the trucking company or the truck driver after a tire blowout. Tire blowouts can be extremely serious and are usually caused by slow leaks, objects in the road, or old tires. Trucking companies and their employees should inspect their vehicles to make sure that a tire is not old. If a driver notices a potential blowout (a break in the tread, etc.), he/she should take action to prevent a serious accident. Additionally, you could hold the trucking company indirectly responsible for the accident.
Can a truck driver be held responsible for tired driving?
Yes. The Federal Motor Carrier Safety Administration (FMCSA) addresses this problem by instigating hours-of-service regulations. The FMCSA allows drivers to work a specified amount of time and requires them to keep a detailed log of their driving record. Currently, drivers must take a 10-hour break between each 14-hour shift. Tired drivers can be held responsible for any injuries, accidents, or deaths that they cause. If the driver’s employer encouraged him/her to violation the hours-of-service guidelines, the employer may be held responsible for the accident as well.
I am partially responsible for the accident. Can I still recover damages?
You are eligible to recover damages for an accident, even if you were somewhat responsible for the collision. Generally speaking, you are entitled to a percentage of the damages recovered. If you were 30% responsible for an accident that caused $1 million in damages, you may be entitled to $700,000. However, you may not be entitled to recover any money if you were more than halfway (51%) responsible for the accident.
How much time do I have to file a truck accident claim?
Wrongful death and personal injury claims are subject to the Texas statute of limitations. This means that you only have a short amount of time to file a claim for your truck accident. If you were hurt in a truck accident, the Texas statute of limitations for bodily injury says that you must file within two years of the injury.
Contact the Loewy Law Firm Today
If you have more questions about truck accident claims and recovery, contact the Loewy Law Firm. To see what a high-quality personal injury lawyer in Austin, TX can do for your case, fill out a free case evaluation form or call our office. We want to help you understand your legal rights and options through a truck accident claim or lawsuit.