Truck accidents are some of the most devastating traffic collisions in which a person can be involved. When loaded to capacity according to federal trucking regulations, commercial trucks can weigh as much as 40 tons, or 80,000 pounds. These same federal regulations provide guidelines for the training of truck drivers, as well as for the equipment and operation of commercial trucks. Violation of these trucking regulations can result in a serious accident.
“Accidents” only occur when truck drivers break basic traffic laws like talking on their cell-phone or driving while intoxicated. If the truck driver or their insurance agency does not accept responsibility for the injuries and damages that they have caused, a trial becomes necessary to force them to make reparations. Do not hesitate to speak with our El Paso personal injury attorneys from Chavez Law Firm right away if you’ve been hit by a negligent truck driver. Their legal team is dedicated to protecting the community’s well-being by holding violators accountable for their actions.
Common Types of Truck Accident Injuries
Truck accidents are not going to be the same from case to case. No two accidents are identical, so you want to make sure that your lawyer has experience handling truck accidents and that they know what to look for. For example, there are many different kinds of injuries that can happen.
You may experience injuries like:
- Scarring and disfigurement
- Broken bones or fractured bones
- Spinal cord injury
- Traumatic brain injury
- Internal organ damage
- Head, neck, or back injury
No matter what type of injury you have, you need to take it very seriously and seek immediate medical attention. You do not want to attempt to brush off the injuries.
If you wait to see a doctor, the insurance company will look at your case and grow suspicious. They will try to say that they owe you less (or even no compensation) because you waited to see a doctor and were not actually injured as badly as you say you were. They may
How Truck Accident Compensation Works in El Paso
When you seek compensation for a truck accident, you are asking the liable party’s insurance company to compensate you for your damages. That includes compensation for:
- Your past and future medical expenses
- Your past and future lost wages
- You pain and suffering
The medical expenses and lost wages are a calculable amount of money that is fairly easy to figure out, once you have an understanding of the extent of the injuries. Pain and suffering, however, is considered a non-economic damage, and is harder to put a number on.
Once there is a compensation award determined, the role you played in causing the accident has to be factored in, too. Every state has different laws that determine how much you can collect for the amount of fault you had in the accident. Texas is a modified comparative negligence state. That means:
- You can collect a full award if you are 0% at fault;
- You can collect a reduced award if you are 1% – 50% at fault;
- Or, you cannot collect an award if you are more than 50% at fault.
If you were to be deemed 20% at fault for your truck accident and you were given a compensation award of $10,000, you would have that reduced to $8,000 to account for your role in causing the accident. Our El Paso truck accident attorneys will work hard to prevent your compensation award from being reduced.
Texas Truck Accident Statute of Limitations
When you are filing a lawsuit, you do not have an endless amount of time. You have to adhere to a strict timeline in which you are allowed to bring your case or have it settled in civil court. Texas law allows victims of truck accidents two years from the date of their truck accident to bring their claim.
If someone were to approach a lawyer about their truck accident claim with a week left in their statute of limitations, that lawyer probably would not be able to help you. These cases take some time to develop and build. They also involve some time-sensitive factors. If you wait almost two years to pursue a case, there may be no evidence left of the accident. Witnesses may have gone missing, the vehicles may have been fixed, and you may have made some big errors along the way.
The sooner you get to a lawyer about your case, the better. You want to give them as much time as possible to make sure that you are on track to have a successful case. You also want to be able to do everything right from the beginning, which a lawyer can help ensure.
Call Our El Paso Truck Accident Attorneys Today
In their 20 years of collective legal experience, the El Paso truck accident attorneys at Chavez Law Firm have been passionate about maintaining a safe community. Negligent truck drivers endanger the lives of every motorist around them. Our attorneys are prepared to go up against the trucking and insurance companies in order to hold them accountable for their negligence. Contact our firm at your earliest convenience to take part in a case evaluation with an attorney who can help.