Accidents involving trucks and commercial vehicles differ from those involving cars. Laws and other factors need to be taken into account, and truck accidents can cause a great deal of harm. Here's what you should know if you were injured in a truck accident in Texas.

Texas Statute of Limitations

The amount of time you have after an injury to file a lawsuit is determined by the statute of limitations. It is highly likely that your lawsuit will be rejected if you try to file it after this deadline. To make sure you are still inside the statute of limitations following an accident, it's critical to consult with an attorney as soon as you can.

Personal injury claims in Texas must be filed within two years of the incident.

Texas Truck Driver Laws

In Texas, truck drivers must abide by the guidelines established by the Federal Motor Carrier Safety Administration (FMCSA). These consist of:

an endorsement from a commercial driver (CDL). To obtain an intrastate (or Texas-only) CDL, you must be at least 18 years old, and to receive an interstate CDL, you must be at least 21. You also need to pass a skills test, obtain a regular driver's license, and clear medical examinations. Compared to drivers with a regular license, CDL drivers are subject to far stricter drug and alcohol testing standards. For instance, the maximum legal limit for drivers with a commercial driver's license (CDL) is 0.04 BAC, whilst the maximum limit for drivers with a regular license (SDL) is 0.08 BAC.

Without a 10-hour break, drivers are not permitted to drive for more than 11 hours in a row. They are also forbidden from driving for up to 14 hours after they begin. For example, if a truck driver drives from eight a.m. to two p.m. and then again at seven p.m., they must rest for at least 10 hours no later than ten p.m. To guarantee safety, drivers must maintain and check their cars. Furthermore, Texas has some requirements of its own, such as:

To drive in Texas, a driver needs to be able to communicate in English fluently. This involves having the ability to read signs, interact with the public and with representatives of the government, and keep track of driving records. Certain offenses may result in a driver's ban from operating commercial vehicles. These include operating a commercial motor vehicle carelessly, driving after intoxication, and fleeing the scene of an accident. The posted speed limits must be adhered to by commercial motor vehicles. Due to the extensive nature of Texas's list of criteria for commercial vehicle drivers, it is possible that you are unaware of a rule that was broken. This is a compelling argument for consulting with an experienced Texas truck accident lawyer.

Determining the Cause of a Truck Accident

Texas is a state that has modified comparative negligence. Comparative refers to the fact that your assigned fault places a cap on the amount of damages you can obtain. For instance, if you are rear-ended while driving with your tail light out, the court may find that you were 15% at fault for the collision. This implies that the most amount of damages you could get back is 85%.

In the event that you bore at least 51% of the blame for the accident, you will not be eligible to receive any compensation at all. Because they were 85% at fault for the damage in the aforementioned case, the person who rear-ended you would not be eligible to receive any compensation at all.

How Can a Lawyer Assist You?

Although it's not necessary, it's usually in your best interest to consult with an attorney for your personal injury case for a number of reasons.

An insurance company is a business that needs to make money, despite the impression that protecting its members is its primary responsibility. As a result, the first offer you get is frequently a low-ball one that won't pay for your medical care. Attorneys for personal injuries have expertise getting better deals from insurance providers. If you or a loved one gets hurt, the amount of documentation needed to file a case may seem excessive. Most of that documentation can be taken care of by your attorney.

You will want an attorney on your side who is experienced in truck accident cases if the matter ends up going to court. With an attorney on your side, you'll probably end up recovering more money even after accounting for attorneys' costs, and it will also relieve you of a great deal of stress.

How to Locate Dallas, Texas's Top Truck Accident Attorney

Never forget that there isn't a single optimal lawyer for every circumstance or person. Before you speak with an attorney, consider what you need from one.

Take a look at their marketing. Attorneys for personal injuries frequently give their advertisements careful consideration. See how they seem to come across. Do they exude a sense of humor? benevolent? Capable? The earliest indications of an attorney's demeanor to deal with are frequently seen in advertisements.

Benefit from complimentary first consultations. The majority of personal injury lawyers provide free initial consultations. Use this chance to determine whether you feel at ease working with them. Have faith in your instincts. You will undoubtedly spend a lot of time with your attorney; this is something that cannot be measured. You should keep looking for a better fit if you have the impression that you and the lawyer wouldn't get along.

FAQ

Does hiring a lawyer with experience in truck accident cases make sense?

Generally speaking, it is in your best advantage to do so, particularly in a location like Dallas where there are so many knowledgeable lawyers with trial experience handling truck accident claims. There are strict regulations and legislation pertaining to truckers and transportation businesses. Having an attorney who is knowledgeable about trucking rules on your side might assist strengthen your argument.

What kind of vehicle is considered commercial?

A car utilized for business is generally referred to as a commercial vehicle. The term, however, is most frequently used to refer to big vehicles that carry passengers or cargo. The Texas definition of a commercial vehicle has numerous exemptions. Discuss the particulars of your case with your lawyer.

Should I file a lawsuit against the truck's owner or the driver who caused my injuries?

This question lacks a straightforward response. Your attorney can examine your particular situation and assist you in creating a strategy that will increase the likelihood that you will receive the money you require to pay your bills.