How Speed Can Affect a Truck Accident Case in Texas
If you’ve been injured in an accident involving a truck, such as a delivery truck transporting goods for Amazon or FedEx, it is extremely important to learn the factors that caused the accident and the percentage of fault that can be attributed to each person involved in the accident. This information will determine how much compensation you could potentially receive to offset the losses you suffered due to the accident.
Speed often plays a critical role in accident causation, and the effects are particularly pronounced in truck accidents. At DeKeyzer Law, we have built our reputation on our ability to hold trucking companies accountable when truck accidents damage or destroy the lives of accident victims, so we are extremely familiar with the numerous factors that can contribute to the cause and severity of truck collisions. Here, we discuss some of the ways that speed affects a truck accident case in Texas.
Excessive Speed Can Lead to a Finding of Negligence
It may not seem fair, but if you’ve been injured in a truck accident, your ability to receive compensation to pay for medical bills, property damage, lost wages, pain, suffering and other consequences of the accident has nothing to do with how severe the collision was or how badly you’re hurt. It all depends on your ability to prove that someone else’s irresponsible behavior is what caused the collision.
In legal terms, this irresponsibility is known as negligence. An individual or company can be found liable for negligence in a truck accident case when four elements are proven:
- There is a duty to act responsibly towards others. Companies that put vehicles on the road for commercial purposes owe a duty to others on the road to ensure the vehicle is safe and that it is driven responsibly.
- Someone failed to fulfill their duty. They failed to act as a reasonably prudent person would under the same circumstances.
- The failure to act responsibly was a direct cause of the accident
- The person seeking compensation suffered actual injuries as a result of the accident
Truck drivers have a duty to drive at a reasonable speed; when they drive at an excessive speed, it can be considered a negligent act. When accident reconstruction efforts demonstrate that excessive speed was a major cause of the collision, that speed can serve as the basis for a finding of negligence.
Speed Limits Aren’t the Only Issue
Speed limits established for roads in Texas are designed to enable vehicles to operate safely in coordination with one another. Violating these limits is irresponsible, and when a truck is involved in an accident, operating above the limit can create a presumption of negligence. If the vehicle is traveling significantly above the limit, it could be considered reckless driving, which is more severe than negligent driving.
However, a truck can be operating at an excessive speed even if it is not moving faster than the posted limit. That’s because the conditions for driving also need to be taken into consideration. If the roads are icy or wet, or fog has reduced visibility significantly, then a reasonable person would drive more slowly. If a truck driver is driving too fast for the conditions, that can form the foundation for a finding of liability.
The truck driver is not necessarily the only one who can be held responsible when excessive speed causes an accident. Trucking companies may have established policies that effectively require drivers to speed up to meet expectations or schedules. Or the company responsible for maintaining truck components may have failed to replace or repair parts that enable the truck to operate safely at higher speeds. An experienced truck accident attorney can thoroughly investigate to determine all individuals and entities that may be held liable for causing the accident.
Speed Can Make the Injuries Much Worse
In a collision, the laws of physics work against anyone who is hit by a truck because trucks are large and heavy. Trucks smash into other vehicles like a sledgehammer. The force of that impact increases with speed, and the increase is much greater than most people realize. When a vehicle is traveling twice as fast, the impact in a collision doesn’t double—it quadruples.
Even if a driver’s speed is not proven to be a direct cause of an accident, that speed could be the reason that an accident victim’s injuries are so severe. Truck accidents often cause victims to suffer traumatic brain injuries and other types of catastrophic injuries that lead to permanent pain and disabilities. It is essential for accident victims to work with an attorney who is experienced in these types of cases and prepared to help them ensure they receive compensation to cover the full range of future needs and to offset all the effects the injuries have had in the past and will continue to have in the future.
The Victim’s Speed Can Impact the Recovery
In most cases, a truck accident is caused by multiple factors. If all the vehicles on the road at the time of the accident were speeding, including the vehicle driven by the accident victim, the victim’s own conduct could have contributed to the accident and resulting injuries.
However, that does not necessarily mean that the victim will be unable to recover compensation from others responsible for the accident. As long as the victim’s actions did not constitute more than 50% of the fault, the victim is still allowed to receive damages. The amount recovered will be reduced by the victim’s percentage of fault.
Our Lawyers Fight for Justice After Truck Accidents
Proving liability for a truck accident in Texas can be difficult, even when a driver was clearly speeding. The legal teams representing trucking and insurance companies are skilled at deflecting liability and denying victims the compensation they deserve.
At DeKeyzer Law, we know how to work effectively against their tactics to ensure that accident victims receive fair damages for the multiple ways the accident has damaged their lives. If you or a loved one has been injured in a truck accident, contact us today to learn how we can assist you. Just call 713-904-4004 or contact us online to get started.