Truck Accident Attorneys in Amarillo, Texas
Commercial trucks and oversized vehicles, including semi-trucks, tractor-trailers, and 18-wheeler trucks, have become increasingly common on highways and roadways across Texas. However, due to their heavy weights and large sizes, accidents involving these large trucks and other automobiles are often devastating. Such truck accidents may cause serious injuries, incapacitation, hospitalization, or sometimes death.
If you or someone close to you were injured or killed in a truck accident caused by someone else's negligent actions, you may be eligible to pursue damages. At Tormey & McConnell, we can help you hold those responsible for your injuries and damages accountable. Our highly-skilled Texas personal injury attorneys have the resources to explore your possible legal options to recover damages and help you seek the financial justice you're entitled to.
Tormey & McConnell proudly represents clients across Amarillo, Texas, and the surrounding communities of Childress, Canyon, Borger, Hereford, Pampa, and Dumas.
Laws Affecting Truck Accidents in Texas
Under Texas law, the operator of any vehicle involved in a traffic crash that causes injury or death of any person or massive vehicle damage must:
Stop the vehicle immediately at the scene of the accident or nearby.
Report the traffic crash to the nearest police department, and
Determine whether there were causalities and offer adequate assistance to the accident victims.
Any driver that fails to comply with these requirements and runs away from the accident scene may face serious punishments.
Texas Regulations for Trucking and Truck Drivers
Here are some rules and regulations for trucking and truck drivers in Texas:
Drivers must have a commercial driver's license (CDL) and meet the specific requirements.
All trucks must be equipped with the necessary safety features to protect the drivers, other motorists, and road users.
Truck drivers may only be "on duty" for at most 14 consecutive hours after ten hours "off duty."
Truck drivers must take a 30-minute break after every eight consecutive hours of driving.
Regular inspection and maintenance must be performed on the trucks.
Truck drivers are required to keep accurate driving logs and avoid the use of drugs or alcohol prior to driving.
Trucking companies must carry minimum insurance policies and be financially liable for their trucks operating in the state.
Statute of Limitations
The statute of limitations for truck accident cases in Texas is two years from the date of the accident or injury. This means that a claimant must bring a civil action seeking damages for personal injury or wrongful death within two years from the date the injury, accident, or death happened.
Furthermore, a number of different parties or entities may be held accountable for a truck accident, depending on the events or surrounding circumstances resulting in the crash. These include:
the truck driver
the trucking company
the truck manufacturers
equipment and parts manufacturers
maintenance personnel or company
the loading company – the company that ensures that equipment or containers are properly balanced and secured
the cargo loaders – the persons who shipped or loaded the cargo
government agencies who failed to maintain or repair damaged roads
A seasoned Texas truck accident attorney can review your case details, identify the liable party or parties, and guide you through the claims process.
How to File a Personal Injury Claim
Texas is an at-fault state for auto accidents. According to the state's at-fault system, the driver who caused the truck accident (the at-fault party) will hold financial liability for injuries, property damages, and other accident-related losses you sustained.
If You're the Victim
If you're seeking to recover damages as the victim of a Texas truck accident, you can do the following:
File a first-party injury claim directly with your own insurer.
File a third-party claim against the insurance carrier of the at-fault driver.
File a personal injury lawsuit against the at-fault party in civil court.
If You're Representing an Incapacitated Loved One
What's more, if you're representing a family member who was incapacitated in a truck accident, the first step is to establish adult guardianship. Once you've been appointed as the incapacitated person's legal guardian, you can proceed by filing a personal injury claim on the person's behalf.
If You're Representing a Deceased Loved One
However, if the person died from the truck accident or the resulting injuries, their surviving loved ones may be entitled to pursue wrongful death benefits. According to Texas law, the following individuals may be entitled to bring a wrongful death claim (or survival action):
the legal surviving spouse of the deceased person
the surviving parents of the decedent
the surviving children of the decedent
an adopted child – provided that the adoption was legal and successful
the personal representative of the deceased person's estate after three calendar months of the death
A comprehensive lawyer can investigate all of the facts of your case, help file your truck accident claims, and attempt to recover the maximum available damages for your injuries.
Work With Practiced Personal Injury Attorneys
Getting injured or losing a loved one to a truck accident can be a difficult and overwhelming experience. Unfortunately, the truck accident can affect your physical, financial, or mental health. Nonetheless, you don't have to face the challenges and liability all by yourself. Therefore, when involved in a truck accident, speaking with a personal injury attorney is imperative for your rights and to help you seek rightful financial compensation.
At Tormey & McConnell, our attorneys provide personalized attention and skilled representation to clients in their truck accident cases. Using our broad legal understanding, we can direct you through the complicated legal procedures involved in filing claims and seeking damages. Also, our team can help you seek fair financial compensation to cover your medical expenses, lost wages, pain and suffering, and other available damages.
Truck Accident Attorneys Serving Amarillo, Texas
If you or someone close to you were injured in a negligent truck accident, you can pursue fair compensation. Contact us at Tormey & McConnell today to schedule a simple case evaluation. Our skilled legal team has the vigorous representation and clear legal guidance you need in your truck accident claims. We proudly represent clients across Amarillo, Childress, Canyon, Borger, Hereford, Pampa, and Dumas, Texas.