Best Truck Accident Lawyers Dallas, TX Of 2024 – Forbes

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Commercial vehicle and truck accidents are different from car accidents. There are additional considerations and laws, and truck accidents have the potential to do massive amounts of damage. If you’ve been injured in a truck accident in Texas, here are some things you need to know.

Texas Statute of Limitations

The statute of limitations determines how much time you have to bring a lawsuit after injury. If you attempt to bring a suit outside this timeframe, it will almost certainly be denied. It’s important to speak to an attorney as soon as possible after an accident to ensure that you are still within the statute of limitations.

The statute of limitations for personal injury in Texas is two years.

Texas Laws for Truck Drivers

Truck drivers in Texas are required to follow the standards and regulations put forth by the Federal Motor Carrier Safety Administration (FMCSA). Those include:

  • A commercial drivers license (CDL). In Texas, you must be at least 21 to obtain an interstate CDL and 18 to obtain an intrastate (or Texas-only) CDL. In addition, you must hold a standard driver’s license, pass medical exams and pass a skills test.
  • CDL drivers are held to much more stringent drug and alcohol requirements than drivers with a standard license. For example, the maximum legal limit for CDL drivers is 0.04 blood alcohol content (BAC), while the maximum limit for drivers under a standard license is 0.08 BAC.
  • Random drug and alcohol tests of drivers.
  • Drivers cannot drive for more than 11 consecutive hours without a 10-hour rest break. In addition, they cannot drive for more than 14 hours after the time they started. So, for example, if a truck driver drove from 8 AM to 2 PM and then began driving again at 7 PM, they would need to stop for at least a 10-hour rest period no later than 10 PM.
  • Drivers must maintain and inspect their vehicles to ensure safety.

In addition, Texas has some requirements of its own, including:

  • Drivers must speak English well enough to function on Texan roads. This includes being able to read signs, communicate with the public and with government officials and record information on driving records.
  • Drivers can be barred from driving commercial vehicles for certain offenses. Those include driving under the influence, leaving the scene of an accident or being negligent in the operation of a commercial motor vehicle.
  • Commercial motor vehicles must obey the posted speed limits.

Because the list of requirements for commercial vehicle drivers in Texas is so thorough, it’s possible that a rule was violated that you’re not aware of. This is an important reason to work with a qualified Texas truck accident attorney.

Identifying Fault for a Truck Crash

Texas is a modified comparative negligence state. Comparative means that the amount of damages you can recover is limited by your assigned fault. For example, if you have a tail light out and get rear-ended, the court might decide that you were 15% at fault for the accident because your light was out. That means that you could recover a maximum of 85% of damages.

Modified means that you cannot collect any damages at all if you were 51% or more at fault for the accident. So, in the example above, the party that rear-ended you would not be able to collect at all, because they were 85% responsible for the damage.

How Can an Attorney Help You?

You’re not required to work with an attorney on your personal injury case, but it’s probably in your best interest to do so for several reasons.

  • Although it may seem like an insurance company’s job is to protect its subscribers, it’s a business that needs to make money. Because of this, the first offer you receive can often be a low-ball offer that will not cover your medical treatment. Personal injury lawyers have experience negotiating higher offers with insurance companies.
  • The paperwork required to bring a lawsuit can be overwhelming, especially if you or a family member is injured. Your attorney can handle the vast majority of that paperwork for you.
  • If the case winds up going to court, you’re going to want someone on your side who is familiar with how truck accident cases work.
  • Even taking into account attorneys’ fees, there’s a very good chance you’ll wind up recovering more with an attorney on your side, and it will take a huge amount of stress off your plate.

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