Understanding the Common Challenges of a Texas Truck Accident Claim

There’s a long list of things you never want to deal with. Somewhere close or at the top of the list is being involved in an accident with a semi-truck. Unfortunately, trucking accidents happen daily on Texas highways. Some are minor collisions and others can only be called catastrophic.

Even though you’re probably eligible for recovering compensation, navigating the complexities of a TX truck accident isn’t for the faint of heart. You’re probably going to run across various state and federal regulations that can complicate your accident claim. So, what are some of the challenges you should be ready to face? We’re taking a look at this and more in the following paragraphs.

A Look at FMCSA Trucking Regulations

While states can have regulations governing commercial trucks, the federal government also has a say. The regulations set down by the Federal Motor Carriers Safety Administration (FMCSA) apply to all types of commercial vehicles. Some of the regulations cover the following:

• Driver qualifications: Drivers must meet specific industry standards before they can operate a semi-truck. The driver must be at least 21 years old, hold a valid commercial driver’s license (CDL), and speak and understand conversational English.
• Operating a commercial vehicle: Commercial truck drivers must comply with all rules about prohibitions of alcohol and drug use and periodic physical examinations with specific physical requirements.
• Vehicle inspection, repair, and maintenance: Trucking companies are responsible for ensuring the safe operation of all parts, accessories, and systems on all commercial vehicles under their care.
• Minimum insurance coverage: Trucking companies and truck drivers are required to carry a specific amount of liability insurance. This is usually higher than what drivers of passenger cars pay because of the serious damage semis can cause in an accident. Minimum insurance requirements can vary at the state level adding to any potential confusion when it’s time to submit an accident claim.

Violating any state or federal truck driving rule can result in hefty fines and other penalties. The truck may even be forced out of commission until the violations are addressed. Even though the regulations are designed to help keep everyone safe accidents can still happen. When a collision occurs, accident victims can face some unique challenges as they’re trying to recover compensation.

Addressing Common Challenges in a Commercial Truck Accident Claim

Dealing with a challenging truck accident claim is unfortunately common. Getting past these potential obstacles can leave you feeling frustrated and deflated. However, having a general understanding of the challenges you may run into can make the legal process a little easier to navigate.

Problems with Liability

Any type of personal injury claim is based on liability. If you can’t show liability, your injury claim isn’t going very far. Proving fault in an accident involving a couple of passenger cars is usually pretty easy. You may not run into any problems showing you’re not liable for the trucking accident. You may think everything is moving along great, except the truck driver may also not be liable for the collision.

Trucking accidents can be caused by multiple liable parties. Maybe the trucking company isn’t keeping up with vehicle maintenance. The maintenance service provider may be doing a poor job. In this case, they may be the liable party. Adding to the confusion, more than one party may be responsible for causing the accident. For example, the driver doesn’t have the necessary qualifications and this was overlooked by the trucking company. Sometimes, establishing liability is essentially following a trail of breadcrumbs. You need to review everything from driver and maintenance logs to the truck’s black box and more.

Meeting Filing Deadlines

Anytime you get ready to file an accident claim, you’re going to run into deadlines. Sometimes, you can feel like you’re drowning in deadlines especially if your case turns into a personal injury lawsuit.

Let’s stick with the first deadline you’re going to need to meet. Missing this one can make it all but impossible to file a compensation claim. We’re referring to the Lonestar State’s statute of limitations. This is the time you have to start the claim process. The clock generally starts ticking on the date of your accident and doesn’t stop until you contact the at-fault party’s insurance provider.

So, what’s the statute of limitations on trucking accident claims in Texas? Typically, accident victims have two years to file a claim. However, the statute of limitations can vary depending on the type of involved vehicle. If you’re involved in an accident with a commercial or government-owned truck, the statute of limitations may be shorter.

Navigating Various Industry Regulations

There’s no denying that the trucking industry is heavily regulated. Both state and federal governments have regulations in place. While this may seem like something that’s working in your favor, the opposite can easily be true. The rules are often complex and can even seem to be a little contradictory.

Figuring out if someone violated an industry regulation can be tough. The best advice is to let an experienced Texas truck accident attorney navigate the various rules and regulations.

Proving Your Damages

You really wouldn’t think it’s going to be difficult to prove your damages. After all, your vehicle was hit by a large semi-truck. The damage is pretty obvious even to someone who knows absolutely nothing about cars.

While proving property damage probably isn’t going to be all that difficult. Things can get complicated when it comes to your injuries, and lost income, and don’t forget about your non-economic losses. You’re going to need to produce a ton of documentation like medical records, pay stubs, bills, receipts, and repair estimates. You may even need to bring in expert witness testimony to help support your claim.

Taking the Challenges Out of a Truck Accident Claim

You have enough going on after a trucking accident without worrying about dealing with insurance companies. The claim process can and usually is challenging and it’s not something a layperson should try to tackle. Working with a Texas truck accident lawyer is usually the best way of dealing with any challenges. Your attorney is familiar with industry regulations and can help keep your claim moving through the legal process.