Truck accidents are some of the most severe and complex crashes that occur on Texas roadways, often leading to devastating injuries, significant financial burdens, and complicated legal battles. Whether you’re a victim, a concerned family member, or simply seeking information, understanding your rights and options is crucial.
In the guide below, the truck accident attorneys at Kherkher Garcia address the most frequently asked questions about truck accidents, covering everything from liability and compensation to legal timelines and the role of an attorney. It is our hope that after reviewing this guide, you will have a clearer understanding of what steps to take if you are ever involved in a truck accident and how to protect your rights.
Answers to Your Most Pressing Questions about Truck Accidents
Truck accidents are among the most devastating types of collisions on the road due to the sheer size and weight of commercial trucks. Victims often face serious injuries, financial hardship, and legal complexities. Below are the top 15 frequently asked questions about truck accidents to help victims understand their rights and options.
1. What Should I Do Immediately After a Truck Accident?
After a truck accident, follow these steps:
- Ensure your safety and seek medical attention.
- Call 911 and report the accident.
- Gather information from the truck driver and witnesses.
- Take photos of the scene, vehicles, and injuries.
- Avoid discussing fault and do not sign anything from the trucking company or insurer.
- Contact a truck accident attorney as soon as possible.
2. Who Can Be Held Liable in a Truck Accident?
Liability may extend beyond the truck driver and include:
- The trucking company.
- The truck manufacturer (if a defect caused the accident).
- Maintenance providers (if poor maintenance played a role).
- Cargo loaders (if improper loading contributed to the crash).
- Other drivers involved in the accident.
3. How Are Truck Accidents Different from Car Accidents?
Truck accidents differ from car accidents in several ways:
- More severe injuries and damages.
- Federal and state regulations governing trucking operations.
- Higher insurance policy limits for commercial trucks.
- Complex liability involving multiple parties.
- Longer and more thorough accident investigations.
4. What Are the Most Common Causes of Truck Accidents?
Some common causes include:
- Driver fatigue due to long hours on the road.
- Distracted driving, including texting or using a GPS.
- Speeding or reckless driving.
- Mechanical failures and poor maintenance.
- Improperly loaded or overloaded cargo.
5. What Types of Injuries Are Common in Truck Accidents?
Truck accidents often cause serious injuries, such as:
- Traumatic brain injuries (TBIs).
- Spinal cord injuries and paralysis.
- Broken bones and fractures.
- Internal organ damage.
- Severe burns and disfigurement.
6. What Compensation Can I Recover After a Truck Accident?
Victims may be entitled to compensation for:
- Medical expenses (current and future).
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Property damage.
- Wrongful death damages (if a loved one was killed).
7. How Long Do I Have to File a Truck Accident Claim?
Each state has a statute of limitations for filing truck accident claims. In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this timeframe may forfeit your right to compensation.
8. Should I Accept a Settlement Offer from the Insurance Company?
Insurance companies often offer low settlements to protect their profits. Never accept an offer without consulting an attorney, as it may not cover all your medical expenses, lost wages, or long-term damages.
9. How Is Fault Determined in a Truck Accident?
Fault is determined based on:
- Police reports.
- Eyewitness statements.
- Truck driver logs and black box data.
- Surveillance or dashcam footage.
- Expert accident reconstruction analysis.
10. Can I Sue a Trucking Company for an Accident?
Yes, if the trucking company was negligent. Common reasons for lawsuits include:
- Failing to train drivers properly.
- Encouraging violations of hours-of-service regulations.
- Neglecting truck maintenance.
- Pressuring drivers to speed or drive in unsafe conditions.
11. What Federal Regulations Apply to Truck Drivers and Companies?
The Federal Motor Carrier Safety Administration (FMCSA) sets trucking regulations, including:
- Hours-of-service limits to prevent driver fatigue.
- Drug and alcohol testing requirements.
- Weight and cargo securement rules.
- Mandatory maintenance and inspection procedures.
12. What If I Was Partially at Fault for the Truck Accident?
Texas follows a modified comparative negligence rule. If you are found less than 51% at fault, you can still recover damages, but your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
13. Do Truck Accidents Result in Criminal Charges?
In some cases, truck drivers or companies may face criminal charges if:
- The driver was intoxicated or impaired.
- Reckless driving caused severe injuries or fatalities.
- The trucking company knowingly violated safety regulations.
14. How Much Does It Cost to Hire a Truck Accident Lawyer?
Most truck accident attorneys, including Kherkher Garcia, work on a contingency fee basis. This means:
- You pay nothing upfront.
- The attorney only gets paid if you win your case.
- Their fee is a percentage of your settlement or verdict.
15. How Can a Truck Accident Lawyer Help My Case?
An experienced truck accident attorney can:
- Investigate the accident thoroughly.
- Identify all liable parties.
- Gather crucial evidence.
- Negotiate with insurance companies for fair compensation.
- Represent you in court if necessary.
How Kherkher Garcia Helps Victims of Truck Accidents
Kherkher Garcia is dedicated to helping truck accident victims seek justice and fair compensation for their injuries. Our experienced attorneys thoroughly investigate the circumstances surrounding the accident, identifying all liable parties, including the truck driver, trucking company, or even manufacturers of faulty vehicle parts. We work with accident reconstruction experts, medical professionals, and other specialists to build a strong case that demonstrates the full extent of your injuries, lost wages, and pain and suffering.
Our team of attorneys is committed to holding negligent parties accountable by navigating the complex legal system, which often includes intricate regulations governing the trucking industry. We take care of every aspect of the legal process, from handling insurance negotiations to pursuing litigation if necessary, so you can focus on healing.
Contact Kherkher Garcia for a Free Consultation
If you or a loved one were injured in a truck accident, Kherkher Garcia can help. Our skilled attorneys have a proven track record of holding trucking companies accountable and securing maximum compensation for victims. Our compassionate legal team is committed to fighting for justice, providing personal attention to each case, and advocating for the rights of accident victims.
Contact us today for a free consultation to discuss your legal options and get answers to any case-specific questions you may have. Call us at 713-333-1030, or submit our online contact form to get started.
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