There is nothing more painful than the loss of a family member. The pain is even worse when a loved one dies because someone else was negligent. When it is a truck driver who violated the safety regulations or a trucking company choosing profits over safety, the pain can quickly turn to anger. Look for help from a top-rated Houston 18-wheeler wreck attorney. Not all truck accident lawyers have the expertise truck accident victims need.
Dealing with the truck driver’s insurance company and proving a strong case takes knowledge and experience. A lot of law firms claim to be ‘truck accident attorneys, yet few have the qualifications and track record to back it up.
Attorney Greg Baumgartner has been fighting for Texas families in truck accident wrongful death cases for over three decades and has a track record of winning second to none. Please view our results page for some of our recent truck wreck wins.
Getting an expert truck accident lawyer to hold the truck driver and the trucking company accountable is the first step toward protecting your rights. Our truck accident law firm has been fighting for families who have lost a loved one after a fatal truck accident for over 35 years. We have recovered millions of dollars in wrongful death lawsuits involving 18-wheelers and big rigs.
Let Our truck accident attorneys focus on the fatal truck accident while you focus on grieving the loss of your loved one.
In the most recent statistics available, the Texas Department of Transportation indicates that 822 people were killed and commercial vehicle crashes last year within the state.
Additionally, thousands of other Texas families have been devastated due to serious injuries from an 18-wheeler accident.
Texas provides a remedy for the loss of a loved one called a wrongful death claim. The wrongful death statute allows surviving family members to bring a lawsuit for their damages in the loss of the family member.
Each family member owns their wrongful death claim.
Texas law provides that a spouse, children, and parents of a deceased can bring a wrongful death lawsuit. Brothers and sisters are precluded from bringing a wrongful death case in Texas.
The law in Texas also provides a remedy for the deceased’s estate to recover medical expenses, funeral expenses, and the pain and suffering of the decedent before his or her death. A survivorship claim is a separate claim from a wrongful death claim. If the victim lived for a period after the accident, a wrongful death attorney would bring both a wrongful death lawsuit and a survival claim in the same case.
In Texas, wrongful death damages are compensation awarded to the surviving family members of a person who has died due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. These damages are intended to compensate the family for their losses and can include several categories:
Pecuniary Losses- The loss of the deceased’s earning capacity, services, care, maintenance, support, advice, and counsel the deceased would have provided to the family members.
Mental Anguish– Compensation for the emotional pain, torment, and suffering experienced by the surviving family members due to the death of their loved one.
Loss of Companionship and Society– Damages for the loss of the positive benefits flowing from the love, comfort, companionship, and society the family would have received from the deceased.
Loss of Inheritance– The loss of the value that the deceased would likely have left to their heirs and beneficiaries if they had lived a normal expected lifetime.
Funeral and Burial Expenses– Reasonable expenses related to the funeral and burial of the deceased.
Exemplary (Punitive) Damages
In cases where the wrongful death resulted from gross negligence or an intentional act, Texas law allows for awarding exemplary damages, also known as punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future. Texas law limits the amount of exemplary damages, which are not available in every case.
In Texas, the eligible claimants in a wrongful death lawsuit are typically the deceased person’s surviving spouse, children, and parents. Siblings and other relatives generally do not have the right to file a wrongful death claim under Texas law.
In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the accident that caused the deceased’s death. However, some exceptions can extend or shorten this period, so claimants need to seek legal advice promptly.
If a truck driver was at fault and caused the accident, the truck driver and the trucking company, known as a “motor carrier,” are usually named in a wrongful death lawsuit. Others might be responsible in whole or part if their actions participated in causing the accident or the wrongful death. Get the best wrongful death lawyer in Houston to help investigate your accident ASAP.
Federal regulations play a significant role in truck accident lawsuits, providing a framework for determining liability and establishing standards of care that trucking companies and drivers must adhere to. Here’s how these regulations influence truck accident litigation:
In truck accident lawsuits, proving negligence is a critical component. Federal regulations set specific standards for truck operations, and failure to comply with these regulations can be used as evidence of negligence. Key areas include:
– Evidence of Fatigue- If a truck driver violates HOS regulations and causes an accident, it can be argued that fatigue was a factor, and the violation demonstrates negligence.
– Logbooks and ELD Data- Plaintiff’s attorneys often examine logbooks or electronic logging device (ELD) data to find discrepancies or violations of HOS rules.
– CDL Requirements- Lack of a proper Commercial Driver’s License (CDL) or inadequate training can be cited as negligence if the driver is not qualified to operate the vehicle.
– Background Checks- Failure to conduct thorough background checks as required by regulations can also be a point of negligence against the trucking company.
– Testing Non-Compliance- If a driver involved in an accident tests positive for drugs or alcohol or if the company fails to comply with mandatory testing regulations, this can strengthen the negligence claim.
Vehicle Maintenance and Inspection
– Maintenance Records- Attorneys will review maintenance logs and inspection reports to check if the truck was properly maintained. Failure to adhere to federal maintenance standards can be cited as negligence.
– Mechanical Failures- Accidents caused by mechanical failures due to poor maintenance can directly implicate the trucking company for not following federal guidelines.
Federal regulations help establish the duty of care owed by trucking companies and drivers. When these standards are violated, it helps in proving liability:
– Employer Responsibility- Trucking companies can be held liable for the actions of their drivers under the doctrine of vicarious liability if the driver acted within the scope of employment.
– Compliance with Hiring Standards- Failure to comply with federal regulations regarding driver hiring and supervision can lead to negligent hiring, retention, or supervision claims.
– Safety Audits- Companies that consistently fail safety audits or have a history of regulatory violations can face increased liability in lawsuits.
Federal regulations provide a wealth of data that can be crucial in truck accident lawsuits:
Records and Logs
-Document Requests- Plaintiffs can request maintenance logs, driver logs, ELD data, drug and alcohol test results, and other records that trucking companies must maintain.
Inspection Reports- Reports from roadside inspections and audits by the FMCSA can also be valuable evidence.
Accident Reports
-FMCSA Investigations In some severe accidents, the FMCSA may conduct investigations, and their findings can be used in court. Also, the Texas Highway Patrol usually extensively investigates most fatal truck accidents in Texas. Parts of that investigation might be used for damages in a truck accident lawsuit.
Federal regulations are integral to truck accident lawsuits. They help establish standards of care, provide evidence of negligence, and shape the arguments for establishing liability. Non-compliance with the truck driver safety rules can significantly impact the outcome of lawsuits. Our truck accident attorney in Texas has won wrongful death cases in Houston, Dallas, Austin, San Antonio, Waco and across the Lone Star State.
The Federal Motor Carrier Safety Regulations require trucking companies to carry a minimum commercial policy of $750,000. Generally, the motor carrier carries a minimum of one million dollars of coverage and, often, multiple layers of excess coverage above the primary policy.
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We have fought for a family’s financial future after a commercial vehicle crash for over three decades. You will not find a more experienced truck accident lawyer. Our track record of results in trucking cases speaks for itself.
In addition to being nationally recognized in truck accident wrongful death lawsuits, attorney Greg Baumgartner limits the number of cases he handles to provide the best available service to our clients. Contact our Houston truck accident lawyers for immediate help with your case.
Need an experienced truck accident lawyer to file a wrongful death claim? Put our decades of expertise in fatal trucking accidents on your case. We are undefeated in fatal truck accidents and can help immediately.
Related Articles:
About Texas Wrongful Death Trucking Accident Lawsuits
What You Need to Know About Commercial Vehicle Accidents in Texas
Recent fatal semi accidents involving tires
About Texas Wrongful Death Trucking Accident Lawsuits
Self-Driving Trucks – Is It The Future?
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