Best Truck Accident Lawyers El Paso, TX Of 2024 – Forbes

4 minutes, 27 seconds Read
image

Personal injury laws, especially truck accident laws, are a vast subject and can get extremely complex depending on your case. An experienced truck accident lawyer in El Paso can help you better understand the legal procedure and remedies available to you after a truck accident. But here’s a short guide to get you started.

Texas Statute of Limitations

The statute of limitations is the time within which the court will accept a lawsuit from the victim against the party that injured them. This is calculated from the date on which the cause of action arises. In Texas, the statute of limitation is two years from the day of the accident.

However, in cases where the victim dies as a result of the accident, the statute of limitation shifts to two years from the day of the death. This is because in these cases, the resulting death becomes the cause of action instead of the injury caused on the day of the accident.

If you or your loved ones were involved in a truck accident, you will need to file suit within this time frame, otherwise, the court may dismiss your case.

Texas Laws for Truck Drivers

Texas truck drivers are required to follow a combination of federal and state laws at all times. If you were in a truck accident, your El Paso truck accident lawyer can help you determine if the truck driver, trucking companies and loading companies were complying with all the required laws. Some of these rules are:

  • Permits & Papers Requirements. Truck drivers must carry registration papers on their vehicles while operating on a public highway. These papers should contain information like the weight of the vehicle empty and how much it is registered to haul. They require special permits to carry equipment heavier, larger or higher than what is allowed by the law.
  • Permitted Driving Hours. 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.
  • Record Maintenance. Every truck driver driving interstate is required to maintain daily logs containing the records of their duty status using a recording device installed in the vehicle.
  • Alcohol And Drug Restrictions. Truck drivers are strictly required to maintain a blood alcohol level below 0.04% as opposed to 0.08% which is the legal limit for regular drivers in Texas. They are also subject to random drug tests by their employers at any time.

Identifying Fault for a Truck Crash

Texas is an at-fault state, which means the party at fault for causing the accident will be liable to pay the damages. The task of proving the negligence of the truck driver may seem easy at first glance, especially considering the potential wreck their mistake can cause. But that’s not really the case.

This is because Texas also follows a modified comparative negligence rule to determine liability. What this means is if you were 30% at fault for causing the truck accident, your claim will reduce to 70% of the total damages. But if the trucking company proves that your negligence was 51% or higher, you can lose out on the claim altogether.

Truck accident cases can get extremely complicated and the trucking companies are always prepared to fight any claim that might arise. Therefore, if you’re involved in an accident, it is in your best interest to reach out to a truck accident lawyer in El Paso as soon as possible.

How Can An Attorney Help You?

An attorney can be of great help during this stressful time in your life. They can guide you through the legal system and get you the best possible settlement or verdict. Here are some ways your El Paso truck accident attorney can assist you:

  • Identifying the party at fault: On the surface, it may seem like truck accidents are always the fault of truck drivers. But they can be the result of the negligence of many other parties. For example, the cargo company may have overloaded the truck and that could be the ultimate reason for the crash. Your El Paso truck accident attorney can help you determine the party who should pay for the damage.
  • Investigating and collecting evidence: Your attorney will investigate your case and collect evidence on your behalf. Since your statement and the police report might not be sufficient to prove the fault of the other party, they can gather video footage, obtain truck driver’s logs and all the other possible evidence.
  • Filing the insurance claim: Once you are able to recognize the at-fault party, your attorney will help you file a claim with the insurance company of that party.
  • Collecting eye-witness testimonies: If you or your loved one were involved in a truck accident, it might not be your number one priority to identify potential eyewitnesses and talk to them. Your attorney will take up this responsibility for you and collect witness testimony before it’s too late and it becomes impossible to locate the people present at the time of the accident.
  • Negotiating with the insurance company: The first settlement amount offered by the insurance company is usually low. Your attorney can review the offer and either help you negotiate a better award or file a lawsuit if a settlement is not reached.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts