Truck accidents on Texas highways happen for a wide variety of reasons that include mechanical failure, overloaded cargo and distracted driving, among other things. However, one element that many highway truck accidents have is excessive speeding.
Law of vehicular control
Any violation of the speed limit can amount to negligence on the part of a truck driver. It is a known fact that highway speed limits are violated regularly in the flow of highway traffic, and truck drivers are often in the mix when this happens in congested traffic. Speeding significantly reduces the ability of a truck to stop in close proximity to an obstacle in the road, which increases the likelihood of truck accidents.
Comparative negligence in Texas truck accidents
All auto accidents in Texas are governed by the state’s modified comparative negligence law, which bars any driver who is 51% or greater at fault from receiving any financial compensation for injuries suffered in a motor vehicle accident. Exceeding the speed limit is a primary factor that can enhance the comparative negligence percentage of truck drivers. It may also result in the assessment of punitive damages for accidents that result in fatalities.
Filing a lawsuit
Texas personal injury attorneys who represent victims of truck accidents may investigate whether a truck driver was speeding at the time of the accident. If it can be proven that the driver was exceeding the posted speed limit or driving faster than was safe for road conditions, the victim may be awarded compensation for their injuries.
Truck accident cases can be very valuable because insurance requirements are much higher than that of standard vehicle owners. The chance for vicarious liability exists as well, and whole damages can be awarded in a trial. An attorney may help a truck accident victim understand the potential outcomes of their case.