In Texas, trucking companies, truck manufacturers and other large companies involved in the trucking industry are held to certain legal standards. When they make mistakes that lead to accidents or sell products that cause injuries, the law holds them accountable, and those who suffer as a result are entitled to just compensation.
If you have been injured in a truck accident, knowing your rights is critical. Here is a brief introduction to: (i) the primary liability rules that apply to commercial truck accidents, and (ii) the types of financial compensation that are available.
Establishing Liability for Commercial Truck Accidents
1. The Law of Negligence
In the majority of cases, individuals who get injured in truck accidents can seek compensation on the grounds of negligence. If a company or another person makes a mistake that leads to an accident (referred to in legal terms as “negligence”), under Texas law, that person or company can be held legally responsible for the victims’ losses. There are numerous forms of negligence that can cause dangerous truck accidents – far too many to list here. Speeding, tailgating, talking on the phone, driving drunk, and hiring inexperienced drivers are just some of the most common examples.
2. The Law of Product Liability
Sometimes, it is not a driver or trucking company mistake that causes an accident, but rather an issue with the truck itself. When a truck defect causes an accident, the law of negligence does not apply. Instead, truck and component manufacturers are held to a standard known as “strict liability.” This standard entitles accident victims to compensation regardless of whether the manufacturer made a mistake in producing a defective product. If you can prove that a defect is to blame for your injuries, this alone can support a claim for financial recovery.
Types of Compensation Available to Truck Accident Victims in Texas
In negligence-based cases and cases based on the law of product liability, the types of compensation that are available are generally the same. Individuals who have suffered traumatic brain injuries, spinal cord damage and other debilitating injuries are entitled to seek financial compensation for:
- Past and future medical expenses
- Prescription costs
- Loss of income
- Loss of future earning capacity
- Personal property damage
- Physical impairment
- Physical pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of companionship and society
- Loss of consortium
- Other out-of-pocket expenses and non-financial losses
The total losses resulting from a truck accident can be staggering – far more than most people realize, and far more than anyone can reasonably expect to recover without the help of an experienced attorney. If you need help protecting your rights after a truck accident, we encourage you to contact us for a free consultation.
Speak with a Truck Accident Lawyer at Morrow & Sheppard LLP
To schedule a free consultation at the Houston law offices of Morrow & Sheppard LLP, call (800) 489-2216 or request an appointment online. We can help maximize your financial recovery, and we do not charge any legal fees unless we help you win just compensation.