Large commercial vehicles are already bigger and heavier than cars, and they become even more dangerous when they are carrying more weight than they should. Overloaded/overweight truck accidents in Pasadena can cause serious, debilitating injuries. If you were injured, the truck driver or their employer could be responsible for your expenses. An experienced truck collision attorney can help you determine the best way to move forward and get the compensation you deserve.
When Can You Sue After an Overloaded or Overweight Truck Accident?
Generally, a person can sue if they were injured because someone else was negligent. This means they had a duty to act a certain way and hurt someone else by failing to do so. In the context of a truck accident, drivers have a duty to follow traffic laws and take other reasonable safety measures. Employers that hire truck drivers have a duty to screen and train employees to ensure that they have the skills to drive a large truck safely, and anyone involved in loading a truck has a duty to follow rules and procedures, including weight limits.
An injured person can sue anyone whose negligence contributed to their injuries. Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury claims, including truck accidents. This means the injured person has two years from the date of the accident to file a lawsuit.
How Does an Overweight Truck Accident Lawsuit Work in Pasadena, TX?
Texas uses an at-fault car insurance system, which means the injured person needs to file a claim with the at-fault person’s insurance. The insurance company will respond with an offer, and the injured person can either accept or negotiate for more. If the negotiations do not lead to an acceptable offer, the injured person can decide to file a lawsuit.
Before filing, the injured person’s attorney will investigate the overloaded truck accident. This allows them to find background information like what hiring and training requirements the trucking company has, whether the driver has a history of accidents, and what types of loading procedures were in place. When excess weight is a factor, the lawyer will look into what caused the extra weight to be added to the truck. This can range from careless to unclear procedures to unreasonable deadlines.
Negotiations will continue after the injured person files the lawsuit. The responsible party is often willing to offer a larger settlement to avoid going to court, so almost all accident lawsuits settle before trial. However, if the parties still cannot agree, a trial is the next step. Lawyers for the injured person and the responsible person both present their arguments and evidence, and the jury makes the final decision about whether the person responsible is actually at fault and how much compensation they need to pay.
Discuss Your Overweight Truck Accident Case With a Lawyer in Pasadena Now
Large trucks have weight limits for a very good reason. Overweight trucks are harder to control, which increases the risk of a crash. Overloaded/overweight truck accidents in Pasadena can cause serious and life-changing injuries. If you have been seriously injured, a personal injury attorney can help you decide on the best path to compensation. Schechter, Shaffer & Harris has what you need. Contact us for a free consultation about your overloaded truck accident today.
