Texas highways are filled with commercial trucks transporting goods across the state and beyond. While these massive vehicles play a crucial role in the economy, they also pose a significant danger to other motorists. Truck accidents often result in severe injuries, extensive property damage, and even fatalities. If you or a loved one has been injured in a truck accident, understanding Texas truck accident laws can be critical to securing the compensation you deserve. An experienced Austin truck wreck attorney from Slingshot Law can help you navigate these laws and build a strong case.
Key Texas Truck Accident Laws
Truck accidents are different from regular car accidents due to the complexity of laws governing commercial trucking. Here’s an overview of the most important laws that apply to truck accidents in Texas:
1. Federal and State Regulations
Truck drivers and trucking companies must comply with both federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide safety standards, including:
- Hours of Service (HOS) rules – Limits on how many hours a truck driver can operate without taking breaks to prevent driver fatigue.
- Weight and Load Restrictions – Ensures trucks do not exceed the legal weight limit to prevent accidents caused by overloaded vehicles.
- Regular Maintenance and Inspections – Trucking companies must conduct regular inspections and maintain their fleet to prevent mechanical failures.
In addition to federal laws, Texas has specific trucking regulations that drivers and companies must follow, including state-imposed weight limits and road restrictions. Violating these regulations can be evidence of negligence in a truck accident case.
2. Texas’ Comparative Fault Law
Texas follows a modified comparative negligence rule, which means that if you are found partially at fault for an accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% responsible, you may not be eligible for any compensation.
For example, if a court determines that a truck driver was 80% at fault for an accident and you were 20% responsible, your compensation would be reduced by 20%. An experienced Austin truck wreck attorney can help prove the truck driver’s negligence and minimize your percentage of fault.
3. Statute of Limitations
Under Texas law, truck accident victims have two years from the date of the accident to file a personal injury lawsuit. If you fail to file within this timeframe, you may lose your right to seek compensation. However, there are exceptions to this rule, such as cases involving minors or wrongful death claims.
How an Austin Truck Wreck Attorney Can Help
Navigating Texas truck accident laws can be complex, especially when dealing with large trucking companies and their insurance providers. Here’s how an attorney from Slingshot Law can help:
1. Conducting a Thorough Investigation
Truck accidents often require an in-depth investigation to determine liability. An attorney will:
- Obtain and review police reports
- Gather surveillance footage or dashcam recordings
- Analyze the truck’s black box data (electronic logging device)
- Review driver logs, maintenance records, and inspection reports
- Interview eyewitnesses
2. Identifying Liable Parties
Unlike typical car accidents, multiple parties may be responsible for a truck accident, including:
- The truck driver
- The trucking company
- The cargo loading company
- Truck manufacturers (if a mechanical defect contributed to the accident)
- Third-party maintenance providers
A lawyer will investigate all potential parties to ensure you receive maximum compensation.
3. Handling Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. An Austin truck wreck attorney can:
- Negotiate with insurers on your behalf
- Protect you from accepting a lowball settlement
- File a lawsuit if the insurance company refuses to offer fair compensation
4. Seeking Full Compensation
Truck accident victims may be entitled to compensation for:
- Medical bills (current and future expenses)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Wrongful death damages (if a loved one was killed in a truck accident)
Steps to Take After a Truck Accident in Austin
If you’ve been involved in a truck accident, taking the right steps can protect your claim:
- Call 911 and seek medical attention – Even if injuries seem minor, they can worsen over time.
- Document the scene – Take photos of vehicle damage, road conditions, and any visible injuries.
- Obtain contact information – Get the truck driver’s name, employer details, and witness information.
- Do not speak with insurance adjusters without legal representation – Anything you say can be used against you.
- Contact an Austin truck wreck attorney – A lawyer can guide you through the legal process and ensure your rights are protected.
Contact Slingshot Law for a Free Consultation
If you or a loved one has been injured in a truck accident, don’t wait to seek legal help. An experienced Austin truck wreck attorney at Slingshot Law can help you understand your legal options and fight for the compensation you deserve. Contact us today for a free consultation and let us handle the legal battle while you focus on recovery.