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If youu2019ve been involved in a truck accident in Houston, itu2019s crucial to call a qualified truck accident lawyer as soon as possible. Truck accidents often result in serious injuries or fatalities due to the size and weight of commercial vehicles.
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Are Truck Accidents Personal Injuries?
Trucks are among the most common vehicles on the nation's highways. In 2021 alone, around 166.1 million private and commercial trucks were registered in the United States. However, this also means that there are many truck accidents in the United States. In 2021, there were 494,000 police-reported accidents involving large trucks, with 1% resulting in fatalities. By 2022, fatal truck crashes rose to 5,837, a 1.8% increase from the previous year. This upward trend has persisted through 2023 and 2024. While the The unfortunate thing about these accidents is that not only do they cause major physical and mental anguish, they also result in major financial troubles. And to recover from it, it is crucial to have some solid support. Support for a truck accident victim comes in many shapes and forms. The first ones are the victims' family and friends, closely followed by the medical practitioners who help them recover. However, there is also a set of people who, despite being a great help, are often forgotten: the law practitioners. Lawyers ensure that the victims get their fair share of claims, whether from insurance companies or wrongdoers. They also provide the victims with the medical help they need to recover fully. Therefore, it is always advisable for a truck accident victim to call a Houston truck accident lawyer first after calling 911, even if the accident was minor. What Type Of Injuries Are Truck Accidents? Truck accidents are lethal and, therefore, are strictly governed by the law. On the legal front, they fall under personal injury law. A personal injury is an injury that has caused the victim some harm, whether physical, financial, emotional, or mental. Another required condition to make an injury a personal injury is the negligence or willful act of the accused party must cause that injury.
It is important to note here that for an injury to be a personal injury, both conditions, i.e., an injury and the injury is caused by negligence or willful act, should be fulfilled. The absence of any conditions will not result in a personal injury. So, for a truck accident to come under personal injury, there should be some harm, and the negligence or willful act of the accused party should cause it. Here are a few examples of incidents to better understand what will or will not get covered under personal injury: Truck Accident Injuries That Will Be Covered Under Personal Injury Law: Injuries Caused By a Distracted Truck Driver A truck driver texting while driving causes a collision with another vehicle, resulting in whiplash and broken bones. Reason: The driver’s negligence (texting while driving) directly caused the injuries, fulfilling both conditions of personal injury law. Injuries Due to Improperly Loaded Cargo A trucking company improperly secures cargo, leading to a spill on the highway and a crash that injures multiple drivers. Reason: The trucking company's negligence in following safety regulations led to the injuries, satisfying the requirements for personal injury claims. Injuries Caused by Driver Fatigue A truck driver exceeds federally regulated hours-of-service limits, falls asleep at the wheel, and crashes into a car, causing severe injuries to the passengers.
Reason: The violation of safety rules constitutes negligence, and the injuries directly result from this breach. Incidents That Will Not Be Covered Under Personal Injury Law: Injuries From an Unavoidable Weather-Related Accident A truck loses control on an icy road despite the driver exercising due caution, causing minor injuries to another driver. Reason: Negligence cannot be established if the driver took all reasonable precautions and the accident was due to weather conditions. Injuries Caused by Another Driver’s Negligence A car runs a red light and crashes into a truck, which then strikes another vehicle, causing injuries. Reason: The truck driver or company is not at fault; the negligence lies with the car driver, and the claim must be filed against them instead.
Injuries From A Self-Inflicted Crash A driver crashes into a parked truck because they are intoxicated, resulting in their injuries. Reason: Personal injury claims require the injury caused by another party’s negligence or willful act, not the victim's actions. These examples show that each case hinges on proving negligence or a willful act by the truck driver, trucking company, or another responsible party. When either condition is absent, the injury does not qualify as a personal injury under the law. It is calming to know that you will not be prosecuted if you are not in the wrong. It is even better to know that justice will be served if you were a victim of someone else's fault. However, such cases are generally time-sensitive, and if acted upon quickly, they may maintain credibility. They also tend to lose credibility when not handled with due diligence. Therefore, if you are a victim or have been accused of personal injury in a truck accident, contact a Houston truck accident lawyer.
Source URL: https://www.nairaland.com/8297471/truck-accidents- personal-injuries