Most things are just bigger in Texas. In addition to covering the most ground in the lower 48 and having the most miles of roadway, Texas leads the nation in the commercial trucking industry. With more commercial trucks on its roads, it is not surprising that Texas is also the leader in accidents involving commercial trucks. An 18-wheeler hit my car, now what?
Some recent changes in Texas laws have made it more difficult for claimants to collect some types of damages from the employers of commercial truck drivers. Victims injured in accidents with 18-wheelers need to understand their rights under the new laws in order to obtain a complete recovery for their losses.
Who Is Liable if the 18-Wheeler That Hit You Had No Driver?
Driverless semi-trucks may not be the reality yet, but they could be on a Texas interstate in the near future. Pittsburgh-based self-driving tech company Aurora is using Texas as the testing ground for its driverless 18-wheelers. The first fleet of fully autonomous trucks is expected to launch in late 2024.
The trucks will travel between Dallas and Houston on 1-45. Self-driving Aurora semi-trucks are apparently already on the roads but not yet without a human safety operator. So, who would be liable in the event a driverless semi-truck caused an accident?
If a driverless truck causes a crash, the most likely at fault party will be the manufacturer of the truck or of the particular system that failed. Another at-fault party could be an intermediate servicing company if it didn’t do what it was supposed to. Liability for accidents caused by driverless vehicles is still very new territory and will likely continue to develop as these types of vehicles become more commonplace on the roadways.
How to Protect Yourself After Being Hit by a Commercial Truck
If you were injured in an accident with an 18-wheeler, insurance companies are not likely going to make it easy for you to recover the compensation you are entitled to receive. You have to understand what you are up against and how to prepare because the unfortunate reality is that you’re probably in for a fight.
The police report will have recorded a lot of information about the crash. Insurance companies typically rely on police reports to determine fault. The investigating officer will record objective evidence at the scene as well as provide an opinion about how the accident happened. The police report will also indicate if arrests were made or citations issued. Make sure to get a copy of the police report and review it before talking to an insurance company.
Gather All the Evidence You Can
If you are able to, collect any evidence at the accident scene, such as pictures or witness information, which may prove helpful for determining liability. You may not learn until later what is in the police report, so it can be beneficial to have your own evidence. Be evaluated for truck accident injuries by a medical professional without delay. It is important that claimed injuries be tied to the accident.
As soon as possible – and before talking to an insurance company – write down everything you can remember before, during, and after the accident. Refer to what you have written when asked about the accident, so your version of the events remains consistent. Keep a journal with at least weekly entries describing the extent of your injuries and how your life is being affected. A written log of your experience will be very useful for proving damages.
Having the necessary information to prove your claim is essential but being able to successfully advocate for yourself is still going to be challenging if you are unfamiliar with insurance claims settlement practices and the applicable laws. The greater your potential damages, the greater your need to get legal advice to make sure your rights are protected.
The Trucking Industry in Texas
To say the trucking industry is booming in Texas is an understatement. The state has been experiencing strong growth over the last few years which is expected to continue well into the future. Texas truckers are moving 1.2 billion tons of freight annually and that number is expected to double over the next 20 years.
The following statistics demonstrate the significance of trucking to Texas:
- The trucking industry employs 1 in 16 Texans.
- Trucks transport 73% of the goods manufactured in Texas.
- Texas has over 66,000 trucking companies.
- Trucks travel 12% of all vehicle miles driven in Texas each year.
Semi-Truck Accident Statistics
There were 168,320 large truck accidents across the United States in the most recent year of data collection. Semi-trucks were involved in 69% of these big rig accidents. Texas had the most large truck accidents, with 19,424. Eighteen-wheelers were involved in 15,916 of the crashes. Over 70% of the time, the persons injured or killed in accidents with commercial trucks are those occupying a smaller vehicle.
Texas also had the most people injured or killed after colliding with semi-trucks. There were 5,846 semi-truck injury accidents – more than twice the number recorded by second-place California. Fatalities occur in about 3% of the accidents involving 18-wheelers.
Understanding Trucking Company Liability
With more than 66,000 trucking companies, the chances are fairly good that if you get hit by an 18-wheeler in Texas, the driver will be an employee of one of those companies. Trucking companies can be liable for the damage caused by employee drivers when the drivers are acting within the course and scope of their employment. Employers may also be liable for actions that contributed to the accident.
New Texas Legislation Changes the Liability Game
Effective in 2021, Texas enacted a new law for lawsuits involving commercial motor vehicle accidents. The new law allows a trucking company to request that a lawsuit against it be conducted in two separate phases.
The first phase will focus primarily on determining whether the employee driver was negligent and what the compensatory damages should be. Evidence of employer negligence can only be admitted if the negligence is a proximate cause of the claimed damages or to prove negligent entrustment if the employer is subject to regulation under the Motor Carrier Safety Improvement Act.
Once the employee driver has been found negligent, phase two of the trial can proceed to determine whether an award of exemplary or punitive damages against the employer is appropriate. The new law is intended to keep juries from deciding on large damages amounts without first establishing a legitimate basis for making the award.
Schedule a Free Consultation with a Dallas Truck Accident Lawyer
Recent changes in Texas law regarding damages awards against trucking companies have made the liability determination even more important in semi-truck accidents. Don’t jeopardize your chance to recover all of the compensation allowed by law. Schedule a complimentary case evaluation with a truck accident attorney at the Dallas or Grand Prairie offices of Wolf Law, PLLC.