Statute of Limitations
There is a two-year statute of limitations for personal injury and wrongful death claims in Texas. If you have been injured in an accident involving a semi-truck, or a loved one has been killed, you have two years from the date of the crash (or the date of death resulting from crash injuries) to either settle an insurance claim against the liable parties or to file a lawsuit in the appropriate Texas court.
Multiple Parties May Be Held Liable
Liability (or “fault”) for an 18-wheeler accident can lie with more than one person or entity. You can sue any party whose negligence allegedly contributed to the crash, including:
- The driver who failed to inspect the truck properly, logged excessive hours on the road and was fatigued, or simply failed to pay attention
- The trucking company that failed to adequately train or supervise the driver, placed profit over safety, or put a driver with a poor safety record back on the road
- The manufacturer of the semi-truck or trailer (or of parts used on them) provided faulty parts like defective brakes or a compromised coupling mechanism which led to the crash
- Maintenance personnel who failed to inspect, repair, and maintain the vehicle
- The person who improperly loaded cargo if shifting or falling cargo contributed to the crash
Other Factors Contributing to Fault
The fault does not always rest solely with the truck driver, trucking company, and others connected to the truck and its cargo. Comparative fault could be assessed regarding the operators of the other vehicles involved in the crash. Road, traffic, and weather conditions at the time also may be contributing factors.
Filing Personal Injury or
Wrongful Death Claims
The investigation of a truck accident is critical to documenting evidence of negligence against any party that might have contributed to the crash. You need an experienced truck accident attorney who knows how to preserve evidence, investigate the circumstances of the crash, interview witnesses, research the history of the truck driver, and consult with crash experts if necessary. You should hire a personal injury attorney to negotiate aggressively with the insurer, and if the claim cannot be settled, litigate the case in court.
If a loved one has been incapacitated or killed in a truck-related crash, you should talk to an attorney right away to ensure the preservation of critical evidence.
How Skilled Attorneys Can Help
Because trucking companies are required to carry high limits on liability insurance policies, there is usually substantial money at stake when an injured person makes a claim. Trucking insurance companies retain aggressive attorneys to litigate claims, and so should you.
At The Torres Law Firm, we investigate the circumstances of the crash to prove liability. This might require a crash reconstruction, witness interviews, and vehicle inspections. We are also well-versed in the rigorous safety standards required by federal and state regulations and can investigate how those standards may have been breached.