Our series on personal injury law continues with a look at Texas roadways from an alternate perspective. Trucking accidents are defined as accidents involving vehicles weighing more than 10,000 pounds, making these types of accidents extremely serious. Just like individual drivers must adhere to the state transportation code, trucking companies and their drivers are bound by Federal Motor Carrier Safety Regulations (FMCSR). These regulations are put in place for two reasons:
- To standardize best practices in the trucking industry
- To ensure the safety and well-being of the public
These motivating factors are particularly important in a state like Texas, which relies on commercial trucking for a large percentage of its local revenue.
How Common are Trucking Accidents?
Trucking accounts for 70% of the freight industry nationwide. Texas has established a reputation in the trucking industry because of the supply and demand for oil and gas. While this is good news for the local economy, it does come at a higher cost than just transport alone.
According to Department of Transportation statistics that have been gathered over the past year, trucking accidents are responsible for 9.8% of traffic fatalities in the state of Texas. That’s over 2,500 deaths a year.
Nationally, trucking accidents make up more than half a million of the collisions reported annually. It became clear very quickly that this went beyond the scope of stand-alone personal injury law.
The clues as to why are found in the root causes of the accidents themselves. The majority of the accidents reported came down to:
- The number of hours a driver has spent behind the wheel
- The level of driver awareness
- Impairment
- Doctored records
Stop-gaps were needed to hold the industry accountable. Those stop-gaps include:
- FMCSR Violations
- Personal injury law claims
- Liability
- Punitive damages
The biggest difference in personal injury law that’s tied to a truck accident is: liability for the accident rests not only on the shoulders of the driver and the insurance company he or she is covered by; other persons who may be at fault include:
- Driver of the truck
- Owner of the truck or trailer
- Manufacturer of truck or components on the truck
- Person who loaded the cargo improperly
- Person who leased the truck
That is why, FMCSR violations for non-compliance are handled on the federal level, and other damage-related claims are handled by the state using the vehicle of personal injury law.
If a person or persons is found to be liable for the accident, it is very likely that severe injuries occurred, due to the size and weight difference of the vehicles involved in the collision.
This isn’t strictly about loss of livelihood and medical expenses anymore. A monetary value will also be applied to things like pain and suffering and mental anguish. This is definitely a process that requires the assistance of an experienced lawyer to back you up.
Trucking Accidents in Amarillo, Texas and the Texas Panhandle
As aforementioned, Texas is a popular route for 18-wheelers and large trucks. The same goes for Amarillo, Texas, which serves a hub for truck drivers transporting goods along Interstate 40. Couple a high-traffic area of trucks with other drivers, truck accidents are inevitable. When you or a family member is a victim of a trucking accident, don’t hesitate to Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas. These Amarillo personal injury lawyers are not only knowledgeable and trustworthy, but they are also aggressive yet sympathetic at the same time. They can make sure you get all of the damages you’re entitled to so if you’ve been injured in a trucking accident, get in touch with Stockard, Johnston, Brown, Netardus & Doyle, P.C. today.