Being involved in an accident with a tractor trailer can be a traumatic experience, resulting in costly vehicle damage and even serious injuries. Big rig accidents can seem even more complicated when the truck is from another state that may have different insurance laws. In these situations, it can be especially important to work with experienced truck accident attorneys who understand the complications that may arise and how to resolve them so crash victims receive the compensation they deserve.
Out-of-State Truck Driver Issues
Tractor trailers travel hundreds of thousands of miles every year, passing through many different states. This means there is a high possibility that trucks involved in big rig accidents will be from out of state when such an event occurs. Out-of-state driver crashes can be more complicated than those involving drivers and vehicles registered in the same state due to the varying insurance laws in each state. Minimum liability requirements are one common thing that differs in every state.
Another important fact to consider is that some states operate under "at-fault" laws, while others operation under "no-fault" laws. All of this is significant when attempting to determine fault, who is responsible for paying damages, and what type of compensation will be awarded for the accident.
State Laws and Truck Accidents
Fortunately, truck accident attorneys in Texas know that if an accident occurs within the state regardless of the vehicles involved, Texas insurance laws prevail. This means that any vehicle, regardless of where it is registered and insured, is subject to Texas laws when involved in an accident within state boundaries. These incidents must be viewed in the same way as if the truck was a local vehicle, providing considerable protectection to local drivers.
Who Is At Fault?
The state of Texas operates under at-fault rules, meaning accidents are compensated based upon the degree of fault of each driver. This is especially important for Texas drivers who are involved in big rig accidents with out-of-state trucks. Damages can be considerable in these crashes; according to state law, the party most responsible for the incident will also be most responsible for the compensation of damages.
In addition, Texas state law overrides the minimum liability amount, meaning all trucks being operated within the state must abide by the Texas amount, regardless of what limits the individual policy they carry may furnish. This is yet another benefit for Texas drivers, protecting them from underinsured issues.
While at-fault insurance laws can definitely be a benefit in many instances, truck accident attorneys warn that proving fault can be a complicated issue. Insurance companies are more likely to either deny fault or offer low settlements if there is any way to argue fault. These cases make working with experienced lawyers even more necessary.
Big rig accidents involving out-of-state trucks and drivers can become complex insurance issues. Although any driver involved in a wreck within Texas is subject to Texas minimum insurance laws, insurance companies may try to deny fault since Texas is an at-fault state. To avoid complications and ensure a fair claim settlement, anyone involved in an accident with an out-of-state truck driver should seek the help of experienced truck accident attorneys who can best protect their interests!
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law
7830 Broadway, Suite 122
Pearland TX 77581
Phone: (281) 408-2190