Understanding Liability For Car Accidents In Texas

You have the right to recover compensatory damages if you suffered injuries due to the negligence of another driver. In general, drivers are liable for negligence if they breach their duty to act like a reasonably prudent driver would act in similar circumstances.

The Texas Transportation Code contains provisions that regulate road traffic to ensure public safety. When a driver injures another person in an accident stemming from their violation of the Texas Transportation Code, the law considers that driver to be negligent per se.

Our law firm handles a wide variety of car accident cases, including:

• Trucking accidents

• Hit & run accidents

• Accidents caused by uninsured or underinsured drivers

• Government liability for road conditions

• Drunk driving accidents

• Negligently maintained motor vehicles

Our PI specialists are Board Certified in Civil Trial Law and Personal Injury Law by the Texas Board of Legal Specialization. Our attorneys have also been named among America’s Top 100 Lawyers. To learn more about personal injury and car accidents in Texas, please see our Car Accident FAQ.

Common Causes Of Car Accidents

The causes of car accidents are nearly as varied as their effects, though many collisions can be attributed to some form of driver negligence. Some of the most common driver-related errors that cause collisions include:

• Speeding or driving too fast for weather conditions

• Driving while distracted

• Driving while under the influence of drugs or alcohol

• Ignoring right-of-way laws

• Running red lights or stop signs

• Changing lanes without checking blind spots

• Drowsy driving

Not all car accidents are caused by driver negligence, however. For example, a defectively manufactured tire could result in a blowout at high speeds, causing a collision. Other situations may involve a dangerous road condition such as a pothole, potentially exposing the local government agency to liability for any resulting injuries.

Texas Laws Regarding Compensation For Car Accident Victims

Individuals injured in a car accident caused by someone else’s negligence have the right to pursue compensation for their injuries. There are three different kinds of damages that you may pursue, depending on the circumstances of your case.

Economic Damages

Economic damage refers to losses that have a direct monetary value. For example, you may recover for medical bills caused by the accident as well as future medical expenses that are reasonably necessary. Other types of economic damages include past and future lost income due to your inability to work, as well as the cost of property damage resulting from the crash.

Non-Economic Damages

Non-economic damages are often the most crucial part of a car accident case because it is an award for damages that are not limited to out-of-pocket expenses. Non-economic damages compensate the injury victim for pain, suffering, and emotional harm caused by the accident, as well as for objective injuries like physical impairment and disfigurement.

Punitive Damages

In Texas, punitive damages may be available to an accident victim under very specific circumstances. The law states that a person may be responsible for paying punitive damages when their actions are considered intentional or the result of conscious indifference to the rights of other people. Punitive damages are not as common as economic and non-economic damages but are awarded to punish the party who is grossly negligent.

Don’t Wait. Contact Us Today.

The sooner we can get involved in your case, the sooner we can start fighting for you. Our attorneys have a long record of success in car accident and personal injury cases. For a free consultation, please call us in Amarillo at (806) 322-9200. We represent injury victims throughout the state of Texas.

If you’ve been hit by a truck, you may be able to take the driver or their employer to court over the associated medical bills and other expenses you can’t afford. Our team at Smithee Russell, LLP, has decades of experience fighting for victims of car and truck accidents.

Even empty, semi-trucks weigh around 35,000 pounds. Truck accidents, therefore, have a high potential for serious injury and costly car damage, and the at-fault party can be held liable for all expenses. But insurers will do anything they can to avoid paying out high settlements. Our experienced team can help you negotiate fair compensation.

If you or a loved one has been injured in a trucking accident, please call our law firm in Amarillo for a free consultation. We can be reached by phone at (806) 322-9200. Our personal injury attorneys represent clients throughout the state of Texas.

Who Is At Fault?

Truck accidents have different liability considerations than car accidents. Depending on the contributing factors and the relationship between the trucker and the company, three parties may be held completely or partially at fault:

• The truck driver: whether the driver is an independent contractor or is an employee of a trucking company, the driver is personally responsible for accident caused by his negligence.

• The trucking company: Companies that control drivers’ routes and schedules can be held liable for accidents caused by their drivers. Many companies contribute to risky driving conditions by scheduling drivers so tightly that they have to break speed limits or rest requirements to make deliveries on time.

• The truck manufacturer: Some accidents are unfortunately caused by equipment malfunctions that neither the driver nor the company could have foreseen. In these cases, you may be able to sue the companies who manufactured or sold the defective equipment.

To learn more about the importance of strong legal representation after a truck accident, please see our Truck Accident FAQ.

Common Causes Of Trucking Accidents

The causes of truck accidents are nearly as varied as their effects. With that being said, many collisions involving commercial trucks can be traced back to some form of negligence.

Some of the many forms of negligence that can lead to trucking accidents include:

• Speeding

• Driving while drowsy

• Improperly loading cargo

• Driving while distracted

• Driving while intoxicated

• Inadequate vehicle maintenance

• Defective truck parts or equipment

• Truck driver inexperience

• Violating traffic laws

• Unsafe lane changes

• 
  

Truck Accident Damages

Texas liability law goes beyond requiring compensation for your doctor’s visit and damage to your vehicle. Just as the effects of a truck accident can last far beyond its occurrence, you can make an argument for compensation that includes:

• Reimbursement of medical bills

• Payment for future medical expenses

• Lost wages

• Pain and suffering

• Wrongful death (if a loved one was killed)

How Long Do You Have To File A Lawsuit?

Truck accident injury lawsuits, like all other civil claims, are subject to a “statute of limitations.” Under Texas Civil Practice & Remedies Code section 16.003, the statute of limitations for injury claims is two years from the date of the accident that led to the injury. If this time period expires and you have not filed a claim in state court, you will lose your right to sue and will be unable to seek compensation.

Unfortunately, many truck accidents result in fatal injuries which may give rise to a wrongful death lawsuit. Wrongful death claims related to truck accidents are subject to this same two-year time frame.

Knowing how the statute of limitations applies to your claim is critical to the success of your claim. While two years may seem like a long time, the truth is that it can truck accidents are extremely complex and can potentially take months of investigation to build a strong case. It is important to consult with an attorney early on after an accident to avoid potentially costly pitfalls and guard your interests.

A Team That Is On Your Side

Our experienced truck accident lawyers at Smithee & Russell, LLP, understand that the period after a truck accident is difficult in more ways than one. We can help you deal with the demands of filing an insurance claim and fighting back against denied claims. If you’ve been in a truck accident recently, reach out to us today to learn about your options.

Contact Us

To reach us for a free consultation, please call (806) 322-9200 . The attorneys at Smithee & Russell, LLP, represent clients throughout the state of Texas.

Motorcycle accidents can be devastating, but the specialists at Smithee & Russell, LLP, can work to maximize your recovery after a motorcycle accident.

For a free consultation, please call us in Amarillo at (806) 322-9200. Our personal injury lawyers represent clients throughout the state of Texas.

Risks And Statistics Of Riding A Motorcycle

Per mile traveled, motorcyclists are 27 times more likely to die in a crash. Without the protection offered by a passenger vehicle and the stability of 4 wheels, motorcyclists are uniquely susceptible to accidents and the damage they cause. In 2018, a total of 4,985 motorcyclists died in fatal motorcycle crashes. The majority (63%) of these fatalities occurred in multi-vehicle accidents, which means negligent drivers were likely involved.

The most common causes of motorcycle collisions include:

• Unsafe lane changes

• Improper left turns

• Intersection accidents

• Failure to yield

• Speeding

• Aggressive driving

• Driving under the influence

• Driver distraction

• Poorly maintained roads

• Defective motorcycles or motorcycle parts

• Dooring (when a car opens their door into the path of an oncoming motorcyclist)

• 
  

Common Motorcycle Accident Injuries

Many motorcyclists survive crashes thanks to protective gear, like helmets. Unfortunately, helmets do not always prevent head injuries, which are some of the most common injuries for motorcyclists.

Other common motorcycle injuries include:

• Neck and back injuries

• Traumatic brain injuries

• Spinal cord injuries

• Amputations and limb-loss injuries

• Fractures and broken bones

• Road rash

• Serious cuts and bruises

• Soft tissue injuries

• 
  

For more seeking the maximum available compensation after a catastrophic injury such as a brain injury, spine injury, or amputation, please see our catastrophic injury overview.

You should not have to suffer financially just because someone failed to check their blind spot. Although filing a lawsuit will not change what happened, it can help you right the wrong by holding the negligent parties accountable.

Investigating A Motorcycle Accident

A thorough investigation into your motorcycle accident will need to take place before litigation begins. It is critical you retain the services of a skilled attorney from Smithee & Russell, LLP, as soon as possible after your crash in order to give us ample time to gather and analyze all evidence relevant to your case. The longer you wait, the greater the chances are that key evidence may be lost.

Motorcycle accident investigations typically involve:

• Accident reconstruction

• Examining accident photographs

• Interviewing eyewitnesses

• Searching for skid marks and tire tracks

• Reviewing video surveillance footage

• Analyzing medical documents

• 
  

How Filing A Lawsuit Can Help

When you file a personal injury lawsuit or even a claim for wrongful death, you are not only asking the defendant(s) to take responsibility for their actions, but you are also securing your future.

A successful legal action can result in compensation and give you access to the resources you need.

Damages can help account for:

• The costs of your emergency room visit

• All medical expenses

• Rehabilitative care

• Long-term medical assistance

• Wheelchairs and other assistive devices

• Missed work

• Changes to your earning potential

• Pain and suffering

• Loss of enjoyment of life

• Funerary and burial services

• Loss of guidance and companionship

• Lost inheritance and financial support

• 
  

In cases of extreme wrongdoing, you may also be entitled to punitive or exemplary damages. This form of compensation is designed to punish the defendant and make an example of them to discourage similar behavior in the future.

Contact Smithee & Russell, LLP

At Smithee & Russell, LLP, we understand the many ways a motorcycle accident can change your life. For a free consultation, please call us today at (806) 322-9200. We represent clients throughout the state of Texas.