Auto accidents involving 18-wheelers often lead to catastrophic injuries and substantial financial loss. Individuals who are injured in commercial truck accidents may be able to recover financial compensation for their losses, but building a successful claim is not easy. The trucking company and its insurer will do everything possible to avoid a large payout. Gathering and preserving supportive evidence is crucial to developing a robust case for compensation.

Demonstrating Negligence, Liability, Causation, and Damages

The main elements of a truck accident claim include duty, breach of duty, causation, and damages. Truck drivers have a duty to follow FMCSA regulations and traffic laws and to drive in a safe, responsible manner. Similarly, trucking companies have a duty to follow the law, properly vet employees, and maintain safe vehicles. In order to prove negligence, a truck accident attorney must establish that the truck driver or company breached their duty of care and that breach caused the accident and resulting injuries.

Damages are the losses the injured party suffered as a result of the crash. Medical expenses, lost income and reduced earning capacity, pain and suffering, and property damage are common types of damages. A successful claim requires sufficient evidence to show that the truck driver or company is liable for those damages.

Texas is the leading crude oil producer in the United States, producing over 40 percent of the nation's crude oil in 2021. Oil refineries are responsible for millions of jobs in Texas and help ensure that individuals across the country have access to reliable energy sources. Unfortunately, working in the oil industry comes with certain risks. Severe worker injuries and fatalities occur in the oil and gas industry at a much higher rate than injuries and fatalities in other industries. Some of these injuries and fatalities are unavoidable, while others are the direct result of another party's negligence or wrongful actions.

If you or a loved one suffered a serious injury while working in the oil industry, you may be able to take legal action and pursue monetary compensation for damages.

Common Oil Industry Injuries in Texas

There are many different types of injuries that can occur in the oil industry. Some of the most common include:

There are many accidents that are caused by another party’s negligence where the victim does not survive their injuries. In these tragic circumstances, the victim’s survivors can pursue legal action against that party or parties who are responsible for the death. A wrongful death lawsuit can be critical in helping secure financial stability for the victim’s family.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow survivors of victims who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person legally liable for the death. Under the Texas Wrongful Death Act, the law says that if a victim is killed due to another party’s wrongful act, negligence, or any other act that breaches a party’s duty to exercise reasonable care, that party can be held financially liable.

Under the law, a wrongful death lawsuit can only be filed by surviving spouse, the children, and the parents of the victim. A lawsuit can also be filed by a representative for the victim’s estate.

December has arrived, and along with it comes the hustle and bustle of the holiday season. Unfortunately, so many people are so focused on getting ready and celebrating the holidays that they sometimes overlook safe driving behaviors, putting themselves and everyone around them at risk of car accident injuries. Although there are many reasons why car accidents occur, this time of the year often sees an increase in aggressive driving accidents and alcohol-related crashes.

Aggressive Driving

If you find yourself wondering if drivers are just more impatient and aggressive this time of year, rest assured it is not your imagination. They are. Road rage and aggressive driving increases during the holiday season. In one study, researchers looked at data that was collected from 10 major cities during the Thanksgiving holiday weekend to determine how much aggressive events on the road increase during holidays. Aggressive events included acts of speeding, rapid acceleration, and hard braking. The study found that the number of these events spiked an alarming 20 percent more on a holiday weekend compared to other times of the year. At the very minimum, these aggressive acts result in a 40 percent increase in more fuel used. At the worst, these acts result in the deaths and injuries of thousands of victims each year.

Alcohol-Related Crashes

The holiday season also means lots of social gatherings and festivities. Often, alcohol is served at these events. Despite all the warnings and education, many drivers still get behind the wheel of their vehicle after they have been drinking. There are more than 10,000 victims killed each year in drunk driving accidents. Another 300,000 are left seriously injured.

Truck accident cases are one of the most complex personal injury cases that victims can pursue. One reason is that there is often more than one at-fault party that may be legally liable for the losses the victim suffers because of their injuries. For example, in a trucking accident caused by a truck driver who was speeding and unable to stop in time, the current laws say that not only would the truck driver be liable for the victim’s damages, but the trucking company that employs the driver would also be legally responsible. That law, however, changes as of September 1.

Texas House Bill 19

Under the new law, truck driver liability is now separate from any liability of the trucking company. Truck accident lawsuits will now be required to go through a bifurcated trial process. This means there will be two parts to a victim’s pursuit of damages. The first part of any action is only against the truck driver where the liability of the truck driver will need to be proven. If the victim is successful in proving the driver’s liability, the next step is determining what the victim’s compensatory damages are. Compensatory damages include actual damages, such as medical expenses and loss of income, and general damages, such as pain and suffering, emotional trauma, scarring, and disfigurement. The trucking company is not included in this first part of the victim’s lawsuit.