Statute of Limitations for FedEx Truck Accidents in Texas

You’ve just run into a FedEx truck unexpectedly. Maybe the trucker rear-ended you or sideswiped you. Whatever the case, you’ll 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 don’t meet the deadline, you can’t 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.

How the Law In Texas Allocates Settlement Amounts

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.

Let’s say the settlement comes to $50,000. It’s determined that you’re 50% at fault. Therefore, you can still receive $25,000. If you’re more than 50% to blame, you can’t file a claim.

To seek compensation in an injury case then, you will need to establish what happened and the level of fault.

Whether you’re found to be 0% to 50% responsible for the crash, your financial award is reduced by that percentage.

What to Do After an Accident

If you’re involved in a FedEx collision, you’ll need to file a police report. Don’t 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 don’t believe you’ve 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 doctor’s care. You will need this information to substantiate a truck accident claim.

Determining Liability

So, who bears responsibility for a truck accident involving a FedEx truck? The company that owns the vehicle holds liability for their driver’s 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.

Why Fed-Ex Crashes Happen

Indeed, accidents involving FedEx delivery trucks can become complicated. Some of the contributing factors may include the following:

• Distracted driving. Statistics show distracted driving is involved in many accidents involving freight trucks. This type of behavior may include looking at a billboard, eating, or texting.
• Driving when Tired. A driver may put in long hours, thereby skipping some of their required rest breaks. This may happen if they’re worried about making deliveries on time.
• Poor Supervision or Training. FedEx drivers may be under pressure to keep up with shipments. If they are poorly trained, they may violate safety rules and regulations.
• Improper Loading. When packages are not secured or loaded properly, shifting of packages can happen during transport. This can affect a truck’s center of gravity, thereby making it difficult to control the vehicle or making it more prone to overturning.
• Mechanical Problems. FedEx semi-trucks and trailers require regular maintenance and inspection to ensure the utmost in safety. However, checks and repairs aren’t always scheduled, which may lead to mechanical malfunctions or failures.*

*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.

Establishing Negligence

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 defendant’s 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 defendant’s 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.

Why You Need to Contact a Truck Crash Attorney

Remember, speaking with representatives from the driver’s 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.

Contact an Austin FedEx Truck Accident Attorney in Texas Now

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 won’t stop ticking. Speak to a truck crash attorney now.