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Youโve just run into a FedEx truck unexpectedly. Maybe the trucker rear-ended you or sideswiped you. Whatever the case, youโll need to act quickly to resolve the matter and receive the compensation you deserve.
You can be partially to blame for a collision in Texas and still receive compensation. The law allows you two years to submit a claim for personal injury. Therefore, the statute of limitations is set at two years for filing a lawsuit. If you donโt meet the deadline, you canโt proceed with your personal injury case. The clock begins ticking from the day of the accident.
If you discover, after this date, that injuries that emerged are related to the crash, the clock begins ticking from when you made the connection. Immediately consult with a Truck Accident Lawyer who can help.
Texas is a modified negligence comparative negligence state. Under this standard of law, you can sue for damages as long as you are equally to blame for the accident (up to 50%). Therefore, you can sue for damages and still receive 50% of the settlement amount.
Letโs say the settlement comes to $50,000. Itโs determined that youโre 50% at fault. Therefore, you can still receive $25,000. If youโre more than 50% to blame, you canโt file a claim.
To seek compensation in an injury case then, you will need to establish what happened and the level of fault.
Whether youโre found to be 0% to 50% responsible for the crash, your financial award is reduced by that percentage.
If youโre involved in a FedEx collision, youโll need to file a police report. Donโt leave the scene without contacting the police or exchanging contact and insurance details with the driver. Contact your insurance company within 24 hours of the occurrence.
Even if you donโt believe youโve sustained a serious injury, get a medical check-up the same day. For instance, you may experience medical problems after the accident that will need a doctorโs care. You will need this information to substantiate a truck accident claim.
So, who bears responsibility for a truck accident involving a FedEx truck? The company that owns the vehicle holds liability for their driverโs actions. Therefore, the owner of a car or truck assumes responsibility for anyone authorized to operate it.
So, if your car was involved in a crash with a FedEx truck, FedEx would likely be named as the defendant in your case.
Indeed, accidents involving FedEx delivery trucks can become complicated. Some of the contributing factors may include the following:
*The Texas DOT defines a mechanical failure as a tire blowout, broken fan belt, broken axle, or similar occurrence that leads to a damage-producing event or injury while a motor vehicle is in transport.
Depending on the circumstances of the crash, the liability for the accident may fall on the truck driver personally, the trucking company (either FedEx or an independent contractor), a maintenance company, parts or vehicle manufacturer, or even a bar that knowingly overserved a driver.
There are several factors to consider when pursuing a personal injury claim. To achieve your goals and prove your case, you must first demonstrate that the defendantโs actions disregarded their duty of care. Furthermore, it is important to establish a link between these actions and your injuries. This is why you need to see a doctor after an accident.
Obtaining records can help establish a connection between a defendantโs reckless behavior and specific injuries.
Lastly, it is necessary to prove that you have suffered losses. In a case involving a FedEx truck, financial losses may include expenses for property damages or the loss of wages.
There is a possibility of receiving compensation for distress, or pain and suffering, caused by the crash as well. For example, you may receive assistance to cover therapy sessions or medication expenses aimed at helping you overcome issues like nightmares or the fear of driving again.
A truck accident lawyer can calculate the costs for your claim to determine a reasonable and fair settlement.
Remember, speaking with representatives from the driverโs insurance company is not an obligation. However, you do need to provide a statement to your auto insurance provider during the claim process.
Speak to a truck crash attorney to craft your statement. They can prevent you from saying anything that could be held against you during a negotiation or court proceeding.
A lawyer can assist you in acquiring, safeguarding, or using any photographs, videos, or documents that may be pertinent to your case as well. Legal representation also gives you access to certain resources – resources that can help you maintain a decent standard of living after an accident.
The statute of limitations for FedEx truck accident claims is short. To find out more about your rights in a FedEx truck case or similar claims, contact TK Injury Lawyer. The clock wonโt stop ticking. Speak to a truck crash attorney now.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trentโs practice is primarily focused on personal injury matters โ particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death โ but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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