3 Important Considerations in a Texas 18-Wheeler Accident Injury Claim
Commercial semi-trucks travel throughout Texas carrying everything from hazardous materials to household goods. When an 18-wheeler strikes another vehicle, the results are often catastrophic. Severe injuries and deaths are not uncommon in commercial truck wrecks. Many commercial truck accidents are caused by the negligent actions of the truck driver, trucking company, or another party. If you were hurt or your family member was killed in a truck wreck, you may be able to hold the negligent party accountable and recover compensation for your damages. However, bringing a successful truck accident injury claim is not easy and several factors can complicate your case.
Texas House Bill 19 May Influence Your Case
Texas House Bill 19 is effective as of September 1, 2021. The bill affects how and when a trucking company can be held liable for a truck crash resulting in injury, death, or property damage. Proponents of the new law claim that the legislation protects the trucking industry from “frivolous” lawsuits. However, critics worry that the bill will make it harder for truck crash victims to recover compensation for their damages. If you are interested in taking legal action after a commercial truck crash, make sure to work with an attorney who is familiar with how this new legislation will impact the case.
Evidence from a Truck Accident Must Be Preserved Quickly
To successfully recover compensation for a truck crash, an injured party must prove that:
- The defendant owed a duty of care
- The defendant breached the duty of care
- The defendant’s actions caused the plaintiff’s injuries
- The plaintiff’s injuries resulted in damages
Evidence is needed to demonstrate each of these elements. The truck driver’s electronic logbook, the truck’s event data recorder, traffic camera footage, and eyewitness statements are just some of the evidence used in truck accident injury cases. This evidence may be lost or destroyed if it is not preserved and collected quickly after the wreck. A skilled attorney will know how to preserve evidence and use it to build an effective claim.
Most Truck Accident Claims Are Settled Before Trial
If you are like many people, you may assume that personal injury claims usually result in a court trial. However, most personal injury cases are resolved through settlement before they reach the trial stage of the lawsuit. If you or a loved one were hurt in a truck crash, it is important to work with a lawyer who has strong negotiating skills as well as litigation experience.
Contact a New Braunfels Truck Crash Lawyer
Commercial truck accident cases are some of the most complex personal injury cases to pursue. If you were injured in a truck crash or lost a loved one to a fatal accident, contact The Bettersworth Law Firm for help. Call tenacious New Braunfels personal injury attorney James S. Bettersworth at 830-443-9193. Schedule your free consultation today.
Source:
https://www.texastribune.org/2021/05/18/texas-commercial-vehicle-crash-liability/
