Truck accidents in Austin can leave victims facing serious injuries, costly medical bills, and a complicated legal process. Understanding your rights under Texas law is crucial when pursuing compensation for your damages. If you’ve been injured in a truck wreck in Austin, knowing what steps to take and how an Austin truck wreck attorney can help can make a significant difference in your recovery.
Texas Laws on Truck Accidents
Texas follows a fault-based system when it comes to motor vehicle accidents, including truck crashes. This means that the party responsible for causing the accident is also responsible for covering the damages. Given the size and weight of commercial trucks, these accidents often lead to severe injuries, making it essential to identify all liable parties.
Determining Liability
Unlike typical car accidents, truck wrecks often involve multiple parties who may share responsibility, including:
- The Truck Driver – If a driver was fatigued, distracted, or under the influence, they could be held liable.
- The Trucking Company – Employers may be responsible for negligent hiring practices, failing to train drivers, or forcing unrealistic schedules.
- The Truck Manufacturer – If faulty brakes, tires, or other mechanical failures contributed to the crash, the manufacturer may be held accountable.
- Cargo Loaders – Improperly loaded or overloaded cargo can lead to loss of control and devastating accidents.
Key Texas Laws Impacting Truck Accident Cases
Statute of Limitations
In Texas, injured victims have two years from the date of the accident to file a personal injury lawsuit. Failing to act within this timeframe may result in losing your right to seek compensation.
Comparative Negligence Rule
Texas follows a modified comparative negligence system. This means if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% responsible, you may be barred from recovering any damages.
Insurance Requirements for Commercial Trucks
The Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance requirements for commercial trucks, often higher than standard vehicle policies. Texas also requires trucking companies to carry substantial insurance policies, which can play a role in securing fair compensation.
How an Attorney Can Help After a Truck Wreck
Truck accident claims can be complex due to multiple liable parties, federal regulations, and aggressive insurance companies. A truck accident attorney can help by:
Investigating the Accident
An experienced attorney can gather critical evidence, including:
- Police reports
- Truck black box data
- Driver logs
- Maintenance records
- Eyewitness statements
Negotiating With Insurance Companies
Insurance companies often attempt to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Filing a Lawsuit if Necessary
If a fair settlement cannot be reached, your attorney can take your case to court to fight for the compensation you need.
What Compensation Can You Recover?
If you’ve been injured in a truck wreck, you may be eligible for compensation, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages (if a loved one was killed in the crash)
Steps to Take After a Truck Wreck in Austin
If you’ve been involved in a truck accident, taking the right steps can help protect your legal rights:
- Seek Medical Attention – Your health comes first, even if injuries don’t seem serious at first.
- Call the Police – A police report provides crucial documentation of the accident.
- Gather Evidence – Take photos, collect witness contact information, and document details of the crash.
- Avoid Speaking to Insurance Adjusters Alone – They may try to minimize your claim or shift blame.
- Consult a Truck Accident Attorney – Legal guidance can help you understand your options and fight for fair compensation.
Get Help With Your Truck Accident Claim
Navigating Texas truck accident laws can be overwhelming, but you don’t have to face it alone. A skilled attorney can guide you through the legal process, handle negotiations, and work to secure the compensation you need to move forward. If you’ve been injured in a truck wreck in Austin, contact Slingshot Law today to discuss your case and explore your legal options.
For more information on Texas trucking regulations, visit the Federal Motor Carrier Safety Administration.