When someone is injured in an accident involving a big rig, they may wonder whether they should consult with trucking accident attorneys. Because 18-wheeler crashes on I-45 and other highways in Texas can be serious and complicated, it is recommended that anyone injured obtain legal representation, especially in cases of severe injury. There are many rules and statutes involved in these cases, and important actions that must be taken to properly handle legal claims after truck crashes. When working with experienced I-45 truck crash attorneys, accident victims can rest assured they are properly represented by knowledgeable lawyers who understand Texas state laws as they pertain to personal injury, who will strive to obtain the best possible settlement for their circumstances.
Statute of Limitation
Every state imposes a limitation on the amount of time an injured party has to file a liability lawsuit for personal injuries against a person or company. I-45 truck crash attorneys state that the statute of limitations in Texas is two years from the date of the accident. Therefore, anyone injured in an accident who is considering filing a legal claim, must do so within two years.
Truck accident attorneys say that in some instances, it is possible to file suit when injuries are not known until later under the Discovery Rule. It is important to know that once the injury has been discovered, there may be a short time frame to file a lawsuit to seek recovery for damages.
Comparative Negligence, or Shared Fault
The state of Texas also determines fault, and the award of damages along with it, according to the modified comparative negligence rule. This ruling finds that parties involved in an accident, such as those including 18 wheeler accidents that occur on I-45 and other highways, will share fault based on their actual involvement in the cause of the accident. This means that an accident victim may be considered partially at fault for the accident. Shared fault allows the courts to assign an award amount based on the accident and damages sustained, then subtract whatever percentage a claimant is found to be at fault for. In Texas, you must be less than 51% at fault for the accident in order to recover for any damages. If you are more than 51% to blame for the accident, you cannot make any type of recovery.
No Damage Compensation Caps
Some states limit the amount of money a claimant is able to receive in compensation for personal injury awards. Texas does not place limits on injury compensation, other than in malpractice lawsuits. In malpractice lawsuits in Texas, there is a cap on the amount of money awarded for non-economic damages such as pain and suffering. No other limitations exist for personal injury awards in Texas.
The points referenced above are important, and something every claimant should understand about filing personal injury cases in Texas; however, it is only basic information. Every personal injury case is different, especially when involving big rig accidents on I-45, and trucking accidents in general. Determining fault, and extent of damage can be challenging, requiring the negotiation skills and representation of experienced truck accident attorneys. Qualified I-45 truck crash attorneys, who understand Texas state law as it applies to personal injury from big rig accidents, will always provide the best service for those injured in a truck accident!
I-45 Truck Accident Lawyers
Do You Know How To Best Avoid Big Rig Accidents?
When Big Rigs Skid – and How To Avoid Big Rig Crashes!
Vital Information About Safe Semi Truck Driving!
Trucking Safety – Should Truck Weight Limits Be Increased?
Avoid Truck Crashes – Be Prepared For Bad Weather Driving