Anthony Truck Accident Lawyers
Truck accidents in Texas can result in serious injuries and significant damages. With the state’s vast roadways and heavy commercial truck traffic, these accidents often involve complex legal issues. If you have been involved in a truck accident, it is essential to understand the causes, liability, and legal process to ensure you receive the compensation you deserve. Flores Mendez Law is here to guide you through every step of the way, advocating for your rights and helping you navigate the aftermath of a truck accident.
What Are the Common Causes of Truck Accidents in Anthony?
Truck accidents in Texas often result from a combination of factors. Driver fatigue is a leading cause, as many truck drivers face pressure to meet strict delivery deadlines, pushing them to drive for extended hours despite regulations. Given the size and weight of commercial trucks, distracted driving, such as cellphone use or in-cabin distractions, also contributes significantly to truck accidents.
Improper vehicle maintenance is another key factor. Trucks that aren’t regularly inspected or maintained can experience tire blowouts, brake failures, and other mechanical issues. Overloaded or improperly loaded cargo can shift, causing the driver to lose control, especially on uneven terrain or sharp curves. Poor road conditions, including construction zones or weather hazards, also increase risks, particularly on highways with heavy truck traffic. Understanding these causes can help build a stronger case, as they may play a role in determining fault and liability in a truck accident case.
How Is Liability Determined in an Anthony Truck Accident?
Determining liability in a truck accident is a complicated process. The driver’s actions are typically scrutinized to determine whether they were negligent, such as exceeding speed limits, violating federal hours-of-service regulations, or operating under the influence. However, liability can extend beyond the driver.
Trucking companies are responsible for ensuring that their drivers are well-trained, qualified, and follow safety regulations. If a company pressures drivers to meet unreasonable deadlines, they may be liable for the resulting accident. Third-party companies involved in vehicle maintenance or cargo loading can be held accountable if their negligence contributed to the crash. In some cases, liability might also fall on the manufacturer of faulty vehicle parts. The Anthony truck accident lawyers at Flores Mendez Law work diligently to gather and assess evidence, including accident reports, witness statements, and electronic logging data, to establish fault accurately.
What Should You Do After a Truck Accident in Anthony?
After a truck accident, the priority should always be your health and safety. Seeking medical attention is critical, as some injuries may not be immediately apparent due to shock or delayed symptoms. Early medical documentation is valuable evidence if you file a claim later.
Once you’ve attended to your immediate health needs, it is important to contact the authorities and give an accurate account of the incident. Documenting the scene through photos or videos and collecting witness contact information can help preserve evidence. Consulting with an attorney experienced in Texas truck accident law is also helpful. They can provide guidance on your next steps and assist with dealing with insurance companies or other parties involved.
How Does Comparative Fault Rule Affect Truck Accident Cases?
Texas follows a “modified comparative fault” rule, meaning that if an injured party is found to be 51% or more at fault for the accident, they are barred from compensation. However, if they are less than 51% at fault, they can still seek damages, but any compensation awarded will be reduced based on their degree of fault. For example, if a person is found to be 20% at fault for the crash, their compensation will be reduced by 20%.
This rule highlights the importance of accurately determining fault, as the percentage of responsibility assigned affects the financial outcome. The Anthony truck accident lawyers at Flores Mendez Law work closely with clients to ensure that all evidence is presented properly, supporting a fair fault assessment and protecting the client’s interests.
What Damages Are Available in a Texas Truck Accident Claim?
Several types of damages may be available in a truck accident claim. Economic damages, which cover tangible losses, typically include medical expenses related to immediate care, ongoing treatment, and rehabilitation. Lost wages are also a significant consideration, especially if the injuries prevent a person from returning to work for an extended period.
Non-economic damages address the less tangible impacts of an accident, such as pain and suffering, mental anguish, and the overall reduction in quality of life. Obtaining economic and non-economic damages offers a comprehensive approach to compensating the full range of harm caused by truck accident injuries. An experienced attorney can help identify and calculate these damages based on the specific circumstances of each case.
Are There Special Regulations for Truck Drivers in Texas?
Yes, Texas truck drivers must comply with federal and state regulations governing commercial driving. Federal regulations, established by the Federal Motor Carrier Safety Administration (FMCSA), govern hours of service, which limit the consecutive hours a driver can work to reduce fatigue-related accidents. These laws also require regular vehicle inspections and maintenance.
On the state level, Texas enforces regulations on weight limits and designated trucking routes to reduce road wear and improve safety. Violating these federal or state regulations can lead to negligence in the event of an accident. For instance, exceeding legal driving hours or ignoring weight restrictions can create dangerous driving conditions. The Flores Mendez Law team can guide clients on how these regulations affect liability in a truck accident case.
How Long Do You Have to File a Truck Accident Claim in Texas?
In Texas, the statute of limitations for personal injury claims, including truck accidents, is typically two years from the accident date. If a claim is not filed within this time frame, the injured party may lose the right to seek legal action.
Contacting an attorney as soon as possible is essential to ensure that all necessary evidence is preserved and deadlines are met. Truck accident cases often require substantial documentation, such as medical records, accident reports, and possibly expert testimony, which can take time to gather. Consulting with a legal team promptly can ensure a smooth and timely claims process.
The Anthony Truck Accident Lawyers at Flores Mendez Law Advocate for Injured Truck Accident Victims
Truck accident cases often involve multiple parties, each with their own insurance companies, legal teams, and potentially conflicting versions of events. The Anthony truck accident lawyers at Flores Mendez Law assist clients by managing all aspects of the legal process, from gathering evidence and communicating with insurance providers to negotiating settlements. Call 915-308-9999 or fill out our online form for a free consultation. Located in El Paso, Texas and Las Cruces, New Mexico, we proudly serve clients throughout Texas and New Mexico.
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