TEXAS COMMERCIAL VEHICLE ACCIDENT FAQS
Navigating the aftermath of a commercial vehicle accident in Texas can be challenging. Whether you’re dealing with a serious injury, property damage, or both, understanding your rights and responsibilities is crucial. Here are some frequently asked questions to guide you through this process:
- Ensure Safety: Check for injuries and move to a safe area if possible.
- Call the Police: Report the accident to law enforcement for an official record.
- Gather Information: Collect details from all parties involved, including driver’s license numbers, insurance information, and vehicle details.
- Document the Scene: Take photos of the accident scene, vehicle damages, road conditions, and any visible injuries.
- Seek Medical Attention: Even if you feel fine, get a medical evaluation as some injuries might not be immediately apparent.
- Notify Your Insurance Company: Inform them about the accident but avoid discussing fault until you have legal advice.
Liability could include:
- The commercial vehicle driver
- The driver’s employer
- The vehicle manufacturer (if a defect contributed to the accident)
- Other parties involved, such as maintenance providers or cargo loaders
Texas uses a modified comparative negligence system. Liability is determined based on each party’s degree of fault, and compensation is adjusted accordingly. If you’re found to be more than 50% at fault, you may not receive any compensation.
- Personal Injury Claims: You have two years from the date of the accident to file a claim.
- Property Damage Claims: You have three years to file a claim for damages to property.
- Higher Insurance Requirements: Commercial vehicles must carry higher insurance coverage.
- Regulatory Compliance: Commercial drivers must adhere to stricter operational and maintenance regulations.
- Documentation: Extensive documentation and evidence are required to establish liability and damages.
Compensation may cover:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- In some cases, punitive damages
- Review the Denial: Understand why your claim was denied.
- Gather Additional Evidence: Compile more documentation to support your case.
- Consult with an Attorney: A lawyer specializing in commercial vehicle accidents can provide guidance and represent you if necessary.
Understanding these aspects can significantly influence the outcome of your claim. Always consider consulting with a legal professional to ensure all your rights are protected and your claim is as strong as possible.