On a recent morning, a car and a big rig collided on southbound I-35 near Cesar Chavez Street, necessitating the closure of all lanes for part of the morning. There were no injuries reported, but this is unusual for 18-wheeler accidents, as the amount of weight involved can be deadly. If you have been in an auto accident with a semi-truck, you may be able to obtain compensation for your injuries.
Truck Accidents Are Deadly
The most recent available data from the Texas Department of Transportation (TxDOT) estimate over 26,000 crashes involving large trucks in that year, with a disproportionate number of them resulting in injury or fatality. This is due to many different reasons – one is that the Federal Motor Carrier Safety Association (FMCSA) has documented a pattern of truck drivers operating their vehicles for longer than association regulations recommend. Another is the simple weight involved when 18-wheelers have accidents; especially with a full cargo, much more is involved than there would be with two smaller vehicles.
Texas, in particular, has high numbers of truck crashes, both because of the state’s sheer mileage of roads (leading to more traffic), and because many of those roads are rural (which in turn, increases the likelihood of speeding and other forms of reckless driving). However, both truck drivers and auto drivers may drive recklessly and wind up culpable for accidents.
If you are injured in a truck accident, there are several legal theories under which you might be able to bring suit. The most commonly seen is general negligence, where the driver can be shown to have failed to exercise reasonable care while operating their truck; if you can establish this (and that there was no other superseding cause), you have a good chance to recover damages both for your medical bills and also for less tangible harm such as pain and suffering.
Another common legal theory for truck accident cases is also based on negligence, but of the trucking company, not the driver. This is referred to as vicarious liability, and it is based on the principle that an employer is responsible for the torts of their employees. (Torts are the civil equivalent of crimes, and they are punished by fines and other remedies, not prison time.) If you are able to show that the accident occurred while the employee was within the scope of their employment, you have a chance to show that vicarious ability might apply.
Call a New Braunfels Trucking Accident Attorney
While the Cesar Chavez Street accident was relatively minor, many trucking accidents are far worse. If you have been injured in one, you need an experienced attorney who understands the nature of these types of accidents. The skilled New Braunfels trucking accident lawyers at the Bettersworth Law Firm are ready and willing to try and assist you with your case. Contact us today at 888-392-0039 to schedule a free consultation.