Odessa Truck Accident Lawyer

Since 1985, Hilliard Law has successfully represented numerous clients with their tenacious legal skills and in-depth knowledge of personal injury law. Our firm's highly competent attorneys are experienced in securing the best possible compensation for their clients.

While driving alongside commercial trucks can feel daunting, we naturally assume that the people responsible for them know what they’re doing. However, there’s always a chance that something will go wrong, and the collision that occurs when something does is often fatal. Numerous people suffer significant injuries in truck accidents every year, and the property damage costs are enormous. In 2021 alone, there were 630 fatal crashes involving commercial motor vehicles in Texas.

Even with careful drivers at the wheel, trucks are prone to accidents with disastrous outcomes. It can be challenging to know what to do when a truck accident occurs. In addition, truck accidents frequently include multiple potentially liable parties rather than simply being the driver’s fault. Accident victims should seek the assistance of a skilled truck accident attorney who can provide them with valuable legal counsel and representation.

How Do Truck Accidents Differ From Other Auto Accidents?

There are many similarities between truck accidents and other types of auto accidents. However, the consequences of truck accidents are typically more severe and complex.

Considering their size, commercial trucks are much more prone to cause fatalities and major injuries to accident victims. Also, multiple parties may be at fault in crashes involving commercial vehicles, making establishing fault more challenging.

Any of the following scenarios may be relevant to your truck accident:

• The driver was operating the truck while under the influence of drugs or alcohol
• The company managing the truck’s operation forced the driver to exceed their hours
• The loaders did not properly secure the cargo or overloaded the truck
• The truck’s maintenance crew neglected to address known issues with the truck
• The manufacturer of the truck’s parts produced defective parts

Plaintiffs must prove that another party’s actions contributed to the collision. Contacting a knowledgeable truck accident lawyer may be the best way to get started on identifying the at-fault party to file a lawsuit against and pursue financial compensation.

What Happens When Multiple Parties Are Liable for an Odessa Truck Accident?

Accidents involving commercial vehicles typically involve more parties than those with only passenger vehicles, making them far more complicated. Any of the following parties, and others, may have contributed to your truck accident:

• The driver
• The trucking company
• The truck maintenance service
• The cargo loaders

In some situations, the injured party may also be found partially liable for a truck accident if his or her actions caused or contributed to the accident. However, you may still be entitled to compensation if you are not the primary offender. Texas uses the modified comparative negligence rule in cases involving personal injury, including motor accidents. This means the amount of your reward will be decreased by your percentage of fault, assuming you’re less than 50% to blame.

What Legal Options Are Available to Me After an Odessa Truck Accident?

Undoubtedly, one of your first thoughts following a collision with a commercial truck is what to do next. You will probably incur a sizable medical debt due to your wounds, be absent from work for many days, and may even suffer emotional trauma and significant lifestyle changes. It’s reasonable to be anxious about your potential paths to justice and restitution.

Generally speaking, if a truck hits you, you have the following legal options:

• You could submit a claim with either your own insurance or the at-fault driver’s insurance.
• You could file a personal injury lawsuit directly against the person responsible.

It may be in your best interest to file a personal injury claim to be fully compensated for the losses caused by the accident. Any claim for injuries must be filed within two years of the incident, according to Section 16.003 of the Texas Civil Practice & Remedies Code.

Navigating claims, liable parties, insurance companies, and paperwork is a lot to handle for any person. With a dedicated truck accident lawyer on your side, you may stand a better chance of securing fair compensation.

What Laws Govern Trucks and Truck Operations in Odessa?

Compared to the typical passenger car, commercial trucks and truck operations are subject to more specific regulations. The rules for truck operations, and the penalties for breaking them, are more severe. The Federal Motor Carrier Safety Administration (FMCSA) established federal regulations for trucks and trucking companies.

This administration oversees a wide range of trucking activities, including operator training, certifications, vehicle maintenance, and working, driving, and resting hours for truck drivers. Also, the FMCSA has several rules regarding the safe operation of commercial vehicles, including the following:

• Title 49 CFR 395.3: Caps the maximum number of hours a driver may work
• Title 49 CFR 393.102: Cargo securement requirements for commercial vehicles
• Title 49 CFR 396.11: Requires drivers to prepare a written report on each vehicle they operated that day that is submitted at the end of each workday

The operation of a commercial vehicle requires responsibility and extensive training. Drivers, trucking companies, maintenance crews, and other parties are negligent when they fall short of the requirements set forth by regulations or violate their duty of care. Since their negligence could endanger someone’s life or safety, holding responsible parties accountable for the destruction they cause brings justice to the victims and deters similar negligence in the future.

Call us at (361) 882-1612 or fill out our contact form.