Best Truck Accident Lawyers Austin, TX Of 2024 – Forbes

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Because of the amount of wreckage a truck accident can cause, most trucking companies and insurance companies are armed with talented lawyers to fight potential claims on their behalf.

Therefore, it is advisable to find an experienced truck accident lawyer in Austin who can help you understand the laws applicable to your case. But you can find a brief guide to general truck accident laws in Texas below.

Texas Statute of Limitations

The statute of limitation for filing a lawsuit for personal injury in Texas is two years. This means, you only have two years starting from the day of the accident to file for recovery of the damages. However, if the injured person later dies due to their injuries, the statute of limitation starts from the day of the death.

There are very few exceptions to the statute of limitation, such as if the plaintiff has a legal disability (if they are younger than 18 years or are of unsound mind) or if the defendant leaves the state within the statute of limitation. In these cases, the time of disability and the duration of absence is not included in the statute of limitation.

If a lawsuit is not filed within this time frame, your case will likely be dismissed by the courts.

Texas Laws for Truck Drivers

  • Time Restrictions. Truck drivers are not permitted to be on duty for more than 14 hours with 11 hours of driving time interstate. When commuting intrastate, a driver can drive for 12 hours and be on duty for a total of 15 hours.
  • Language Requirement. Every driver driving a commercial motor vehicle interstate must be able to read and speak the English language. This rule ensures that the drivers can converse with the general public, understand road signs, respond to official inquiries and update the records and reports.
  • Background Checks. Before hiring a commercial truck driver, the employer must conduct a thorough background check on the applicants. Drivers are required to furnish information about their license, previous experience, prior accidents, suspensions and previous employers to qualify for driving interstate.
  • Documentation Requirements. Drivers must carry registration papers containing information, like the weight of the vehicle and the quantity it is allowed to haul, at all times. They are also required to maintain a daily log with records of their duty status during the journey.

Identifying Fault for a Truck Crash

Like most states in the U.S., Texas is an at-fault state. Therefore, the party responsible for causing the accident is liable to pay for damage. If you were involved in a truck accident, you will need to prove the fault of the driver, the truck company or the cargo company to be able to file a claim against them.

The amount of compensation you can claim is decided based on a rule called modified comparative negligence. If it is proven that you were partially at fault for causing the accident, your claim amount will get deducted by the percentage of your negligence.

For example, if you were 25% at fault for causing the accident, you can only claim 75% of the total damages. But if your negligence was higher than 50%, you will lose out on the compensation altogether.

How Can an Attorney Help You?

Hiring a lawyer can be extremely helpful and is highly recommended in truck accident cases. The trucking and insurance companies are always equipped with talented lawyers ready to fight against any potential claims, so it is advisable that you are appropriately geared up for the fight.

Right off the bat, your lawyer will look through the facts of the case and determine the party at fault. It might always seem like the driver was responsible for the crash, but it can as easily be because of the negligence of the cargo company or a truck repair company.

They will then collect evidence like the black box, driver’s logbooks and maintenance records to prove the negligence of the party at fault. They will also interview the witnesses and collect testimonies to be produced during the proceedings.

If you or your loved ones were involved in a truck accident, you may not be in the mental or physical state to file a claim with the insurance company. Your lawyer can take this responsibility off your hand to file the claim and negotiate with the company on your behalf.

Hiring a lawyer will also convey that you are ready to go to trial for your claims. This is always a good motivator for the insurance companies to offer better awards.

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