Truck Accidents in Texas
The Kishinevsky Law Firm is a personal injury law firm representing individuals who have been injured in truck accidents and other accidents in the greater Houston area. If you have questions relating to a truck accident injury claim contact us today for a free consultation with a Houston truck accident lawyer.There are a lot of Trucks on American Roads
Anyone who’s drive on a highway lately has probably observed that there is a fairly large number of trucks and tractor-trailers on the road. According to the American Trucking Association, trucks move approximately 70% of all freight in the United States. In 2014 there were 31.4 million trucks registered and used for business purposes in the United States, and approximately 3.5 million truck drivers in the United States in 2015.What Makes Trucks Different From Other Vehicles?
Trucks are larger, heavier, and more difficult to drive and control than “regular” vehicles. This is why the law requires truck drivers to have a special driver license which they obtain after completing training and passing a test.
Due to their larger size and weight, trucks can also cause a lot more damage in an accident than a collision with a regular vehicle.Truck Drivers and Trucking Companies Must Follow Special Laws
Due to the potential for more severe accidents when trucks are involved, truck drivers and trucking companies are regulated by the United States government. Specifically, all trucking companies must register with the Federal Motor Carrier Safety Administration (FMCSA) and abide by the rules of the Federal Motor Carrier Safety Regulations (FMCSR).
These regulations set out requirements that trucking companies and truck drivers are required to follow, which are designed to increase safety and decrease the likelihood of accidents involving trucks. Some of the most significant of these include the following:
- Trucks must carry more insurance- all for-hire trucking companies, whether interstate or intrastate must have at least seven hundred fifty thousand dollars ($750,000) of liability insurance for every vehicle with a gross weight rating of 10,001 pounds or heavier (FMCSR §387.9)
- Truck drivers must rest after driving their maximum allowed number of hours and must keep a log of their driving hours and rest hours (FMCSR §395.1 et. seq.)
- Truck drivers must report all traffic violations except parking tickets to the jurisdiction which issued their driver license and their company (FMCSR §383.31) and trucking companies must monitor the driving record of their drivers by requesting a certified copy of their driving record once a year (FMCSR §391.23)
- Trucking companies must test their drivers for drugs and alcohol after any accident where there is a fatality, there is bodily injury with medical treatment away from the crash scene and the driver is ticketed, or where any motor vehicle is disabled and towed from the crash scene and the driver is ticketed (FMCSR §382.303)
If you’ve been injured in an accident involving a truck, your injuries may be more severe than an accident with a smaller vehicle. Because of the larger amounts of insurance which trucking companies are required to have by law, insurance companies will often defend these claims and cases more aggressively than cases involving accidents between “regular” vehicles. In order to get the full amount of compensation you are entitled to in these cases, it is often necessary to file a lawsuit to request documents and information and to investigate whether the trucking company and the driver were following the Federal Motor Carrier Safety Regulations (FMCSRs). Likewise, it is also important to determine whether the driver involved had a significant history of previous safety violations indicating that it was not safe to allow him to be on the road driving large trucks at the time of the accident. In evaluating your trucking injury claim, it is important to perform a thorough investigation and obtain this information in order to get the best result possible for your truck accident injury claim.
If you’ve been injured in a truck accident call the Kishinevsky Law Firm today for a free consultation with a Houston truck accident lawyer. We will be happy to answer any questions you may have about your situation and what steps need to be taken to protect your legal rights and preserve your ability to resolve your claim for a fair amount that fully compensates you for the losses you've suffered.