Truck Accident Laws and the Lawsuit Process

Fatal Truck Accident Law

Commercial trucks can weigh up to 80,000 pounds and may travel down a highway at 75 miles per hour or higher. It is no surprise then that colliding with a heavy and fast-moving semi-truck or oil tanker can lead to fatalities.

In some circumstances, truck accident law allows you to pursue wrongful death compensation or carry on your loved one’s case through a survival action.

Only certain people can file wrongful death claims, including:

• New Mexico – The personal representative of a victim’s estate to pursue compensation for the surviving spouse, children, or parents.
• Texas – A spouse, child, parent, or the personal representative of the estate on behalf of surviving relatives.

Survival claims are also available in Texas. While a wrongful death claim focuses on the injuries the surviving relatives have suffered, a survival claim is the legal action the decedent had prior to their death.

It is essentially the truck accident victim’s personal injury claim, which survives their death to be continued by their heirs, estate, or legal representative. The compensation you may receive under a wrongful death claim in Texas differs from survival action compensation.

State and Federal Trucking Regulations

Commercial trucking companies and drivers are highly regulated by federal and state law, including the Federal Motor Carrier Safety Administration’s regulations, the Texas Transportation Code, and the New Mexico Department of Transportation regulations.

FMCSA regulations control all aspects of the trucking industry, including:

State trucking laws overlap a great deal with federal regulations. However, there can be differences that trucking companies and drivers must be aware of. Typically, states are responsible for oversize and overweight truck permits. States also have their own vehicle and bridge restrictions.

The truck accident lawyers at Kemmy Law Firm will scrutinize each piece of evidence to determine if there is any sign that a truck driver, trucking company, or other party violated a federal or state trucking regulation. A regulatory violation may be evidence of negligence, which we can use to establish your claim and pursue compensation.

Hours of Service Rules

Federal regulators want to ensure truck drivers are appropriately rested to reduce the risk of fatigue-related accidents.

According to the HOS rules, property-carrying drivers have an 11-hour driving limit after 10 consecutive hours off duty. They might not drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off.

Also, truckers may drive only if fewer than eight hours have passed since the end of the driver’s last 30-minute break. Overall, truckers may not drive after 60/70 hours on duty in seven to eight consecutive days. A trucker can then restart their seven to eight-day period after at least 34 consecutive hours off.

Truck Accident Liability Law

Under truck accident law, the party liable for a truck accident – and your injuries – is typically the party that was negligent or reckless. Truck drivers and companies are required to act like reasonably prudent people would under the same or similar circumstances and adhere to all applicable federal and state laws. When a driver or company fails to obey the law or to act in a reasonably prudent manner, and as a result, causes a crash, then they are negligent.

Recklessness is also known as gross negligence. Instead of a truck driver or company acting carelessly, they may act in a willful and wanton manner that displays a clear disregard for other people’s safety. If we can establish recklessness during your claim, then truck accident law may entitle you to punitive damages.

Respondeat Superior

When the truck driver’s negligence or recklessness caused the crash and your injuries, you may not focus on receiving compensation from the driver only. Under the legal theory of respondeat superior, an employer is responsible for its employees’ wrongful acts.

When you apply this rule to truck accident law, it means the trucking company is liable for any crashes their employee-trucker causes. This is why we will usually name the trucking company as a defendant in the personal injury or wrongful death lawsuit and will file a claim against the company’s insurance policy.

Liability for Truck Defects

Parties other than the truck driver and their employer may be held legally responsible for causing a crash. For instance, if we determine the cause of your truck wreck was a defective part, then the manufacturer may be liable under strict liability. This means the party is automatically liable without having done anything wrong.

Comparative Negligence

A common issue regarding fault for a trucking accident is comparative negligence. The truck driver may claim you are fully or partly at fault for the crash. When this defense comes up, the insurer or court must investigate whether you were careless or reckless behind the wheel and assign you a percentage of liability.

Texas Comparative Negligence Laws

Texas follows a modified comparative negligence rule, also called “proportionate responsibility.” You can receive compensation if you are less than 51% liable for the crash. However, your compensation will be reduced by your percentage of fault.

New Mexico Comparative Negligence Laws

New Mexico follows a pure comparative negligence rule. You can receive compensation in New Mexico no matter your percentage of fault – even if it is above 51%. Your compensation will be reduced by your percentage of fault. If you are 80% at fault, you will still receive 20% of your damages.