In the event that you sustain injuries in a truck accident, you should be aware of the fundamentals of both your legal rights and Texas law before filing a case. Here are some points to be aware of. Texas Statute of Limitations In Texas, injuries and medical malpractice cases must be filed within two years of the incident. The same statute of limitations applies to motorcycle accidents, therefore you should get legal counsel as soon as you can.
Texas Truck Driver Laws
There are laws in Texas that are unique to truck drivers.
Licenses: In Texas, there are three different kinds of commercial driver licenses. Combinations of vehicles weighing 26,001 pounds or more are classified as Class A. For a single vehicle weighing 26,001 pounds or greater, choose class B. Other single vehicles or combinations that are intended to carry 16 to 23 passengers, including the driver, or that are used to transport hazardous items fall under Class C. Speed limits: According to Texas law, the top speed is 70 mph, yet depending on the layout of the roadway, this can go as high as 85 mph. Observe signage carefully and be aware of any changes. Driving too fast can make you more liable. Insurance: Texas requires commercial truck drivers to have between $750,000 and $1 million in insurance coverage. Vehicles transporting hazardous goods require liability coverage of at least $5 million, and vehicles transporting oil must have at least $1 million.
Determining the Cause of a Truck Accident
Because of Texas's modified comparative negligence legislation, judges are able to determine the degree of a party's fault for an accident and award damages accordingly. Legally speaking, no one is entitled to damages if they are proven to be at least 51% culpable for an accident.
How Can a Lawyer Assist You?
A truck accident attorney with experience in Houston understands how to work the court and insurance systems to get you the best settlement. Lawyers can identify your case's advantages and disadvantages to help in negotiations with the other party and ensure that all available legal options are considered.
How to Locate Houston, Texas's Top Truck Accident Attorney
The majority of lawyers market themselves, and many call themselves the greatest. How can you find out who is genuinely Houston's top truck accident attorney for your case? Observe the following items: Identify their area of expertise. Seeking a truck accident attorney with experience in handling personal injury cases is advised. Finding a lawyer with experience in car accident cases and an understanding of the particulars of your case is ideal. Examine their background. Have they practiced law long enough to have the necessary negotiation and courtroom expertise for your case? A lawyer who is skilled at navigating the legal system in your area and who can communicate with the attorney representing your opponent is what you need.
Illinois Trucking Laws and Regulations
Large interstate vehicles are essential to the transportation of commodities and commerce in the United States. The laws and guidelines that apply to these trucks are typically stricter than those that apply to passenger cars. These are important things to know if you were in a truck-related collision.
Two Different Sets of Rules
There are federal and state regulations governing large trucks. Drivers that operate exclusively within the boundaries of Illinois, such as those operating buses or garbage trucks, must abide by Illinois' in-state trucking legislation. When a driver crosses into Illinois, they are subject to Federal Motor Carrier Safety Administration (FMCSA) requirements as well as Illinois statutes. State requirements are typically less permissive than those of the FMCSA.
Illinois Trucking Laws
Drivers need to have a commercial driver's license and be at least eighteen. In Illinois, routes are categorized into classes. Every class has its own rules and limitations concerning the vehicle's length and speed. Class 2 routes are often highways, Class 3 routes are local roads, and Class 1 routes are interstates. Drivers of commercial vehicles are subject to a lower blood alcohol limit (.04%) than those of passenger cars (.08%).
FMCSA Trucking Rules
A commercial driver's license is required, and the driver must be at least 21. A commercial driver's license (CDL) is required for drivers. severe limits on drugs and alcohol, including the random testing of drivers. Apart from other driving time restrictions, drivers can only drive for a maximum of 11 hours before they must take at least 10 hours off. The employment of an electronic logging device, or ELD, may be used to enforce this. Every shift, drivers are in charge of checking the safety of their cars.
The Statute of Limitations
In Illinois, personal injury claims (including those involving trucks) have a two-year statute of limitations from the date of the accident. Consult a lawyer as quickly as you can if you've been hurt.
Establishing Fault
Illinois is regarded as a tort (or "at-fault") state. In other words, whomever is at responsibility for the accident must pay for the damages. Due to Illinois's comparative modified negligence system, both parties' acts are taken into consideration. Drivers who are found to be 30% at fault for an accident are entitled to 70% of the damage costs; those who are found to be 10% at fault are entitled to 90% of the damage costs.
However, no damages are recoverable if a driver bears at least 51% of the blame for the collision.
Particular Things to Think About in a Truck Accident
Commercial trucks are not just larger versions of passenger cars, and there are certain factors that need to be taken into account in incidents involving them. As previously stated, a driver is only permitted to operate a vehicle for a specific duration of time each day and each week. It might be advantageous for the other car in the collision if the driver was operating beyond certain parameters. It is the drivers' responsibility to check their trucks and report or rectify any damage. Failure to conduct this inspection may result in a vehicle that is unsafe. Large trucks require a far greater stopping distance to halt than passenger cars, hence it is the duty of drivers to drive carefully and allow enough time to stop. Trucking accidents might result in larger settlement amounts and verdicts than passenger car accidents since they are frequently more catastrophic (though this isn't always the case and relies on a variety of circumstances).
How to Locate a Chicago Truck Accident Attorney
Finding a truck accident lawyer in Chicago is not hard. Selecting the best lawyer for your situation is the difficult part. Seek out recommendations Do you know somebody who was recently involved in an accident? Find out who they utilized and if they would suggest their attorney to you. Experience Is Vital Every lawyer specializing in truck accidents has different areas of expertise. You might not want to hire a medical malpractice attorney to defend you in a car accident case. It may not always be simple to locate attorneys with expertise in trucking accidents, but the search will be worthwhile. Make sure to inquire especially about situations involving huge trucks from any prospective attorneys.