Texas Truck Accidents - Questions & Answers

How do I deal with trucking companies or their insurance carriers after a truck accident?

The first thing you should know is that you will probably deal with a sophisticated insurance adjuster or trucking company employee with years and years of experience negotiating truck accident claims. These people DO NOT represent your interest, and if they say they do, they are not being truthful. After a truck accident, the trucking company will send an experienced negotiator and promise you the sun, the moon, and the stars.

Don't fall for this trap. The trucking company negotiators are trying to settle your case as quickly and cheaply as possible.

Should I give a recorded statement or sign an authorization to allow the trucking company to get information about me?

NO! You have no obligation whatsoever to give a recorded statement, and many times, if you do so without a lawyer, the adjuster will trick you into saying things that hurt your case.

Also, in Texas and most other states, you have no obligation to sign anything for the trucking company.

Is my case any different if I am injured, or a family member is killed, by a truck as opposed to any other vehicle driver?

Yes. Although the same laws of negligence will apply, there are special regulations and codes that apply to commercial trucks only.

Are trucking companies regulated by the Federal Government?

Yes. The Federal Motor Carrier Safety Administration (FMVSS) establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways more safe.

How many hours can a trucker drive legally?

Since 1939, Federal law has placed restrictions on the "hours of service" that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. These rules are designed to promote safety by helping to ensure that truck drivers are getting the needed rest to operate their big rigs safely. Different requirements apply to different circumstances.

Are trucks required by Federal law to carry insurance?

Yes. Federal law requires commercial vehicles traveling in interstate commerce to carry $750,000 of insurance for bodily injury and property damage. If they carry hazardous materials, the requirement is more.

Most State laws also impose minimum insurance requirements on trucks not covered under Federal law.

Who can sue in a truck accident injury or death case?

Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.

Is investigation important in a truck accident case?

Absolutely. If fact, it can make or break the case. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a great disadvantage unless you hire an experienced attorney ready and willing to act fast on your behalf.

How soon must I bring an injury or death case based on a truck accident?

In Texas, generally you must bring it within two years of the date of the accident. However, you should not delay at all. Under certain circumstances, the time frame may be shorter.

Do I need an attorney to litigate my Texas truck accident case?

Unless your case is a very minor injury or only involves property damage, the answer is yes. At least if you want a fair and reasonable recovery.

Name:

Phone:

Email:

Tell us more:

Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002

Phone: 713.224.7800
Fax: 713.224.7801