FAQs About Truck Accidents in Texas
After a truck accident, you will likely feel frustrated, confused, and stressed about how you will pay your medical bills, especially if you cannot return to work right away. It is natural to have many questions and to get the answers you need, it is critical that you speak to a San Antonio truck accident lawyer. Below, our experienced attorney outlines some of the questions we most frequently hear, and the answers to them.
Who Can I Hold Liable for Paying Damages?
One of the most challenging aspects of filing a truck accident claim is that there are a number of parties who can be held liable.
Truck drivers may be to blame if they were speeding, driving while distracted, or otherwise acted negligently. Trucking companies can be held liable if they encourage a driver to violate the hours of service rule or other laws, or if they engage in negligent hiring and training practices. Third parties such as maintenance and cargo loading companies can also be held liable if they failed to perform their job properly and that caused the crash. Manufacturers can be held liable for defective parts, and government entities may be responsible for improper roadways.
It is important to work with an attorney who can investigate your crash and determine who is to blame for your injuries.
Can I File a Claim if I was Partly to Blame?
Maybe. Under the comparative fault law in Texas, you can still recover damages if you are 50 percent or less at fault for the accident. However, any damages you are awarded will be reduced by your same percentage of fault. If you are found to be 51 percent or more to blame for a crash, you cannot recover any compensation at all.
What Evidence Do I Need for My Case?
The evidence you need to collect for your case will depend on the specific facts of your crash. Generally speaking, though, evidence in these cases includes dispatch communications, electronic logging device data, hiring and training records from the trucking company, maintenance records, pictures and video footage from the scene, medical records, and documents showing your lost income.
How Long Do I Have to File My Claim?
All truck accident claims in Texas are governed by a statute of limitations, or a time limit. Under this law, you typically have two years from the date of the accident to file a lawsuit. If this time limit expires and you have not filed your lawsuit, you will likely lose your right to obtain any compensation at all. There are some exceptions that can extend or shorten the statute of limitations but these are limited.
How Can a Truck Accident Attorney in San Antonio Help with My Case?
At the Law Office of Israel Garcia, our San Antonio truck accident attorney can advise you of the federal safety regulations, determine if they were violated, investigate your crash to determine how it happened, and guide you through the process so you obtain the best possible outcome. Call us today at 210-LAW-9999 or fill out our online form to schedule a free consultation. You do not pay anything unless we recover a settlement or favorable verdict for you.
Source:
statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.16&artSec=
