Passenger Rights in a Commercial Motor Carrier Crash
If you were a passenger in a motor vehicle at the time of a traffic accident and suffered personal injuries, you are more than likely entitled to financial compensation under Texas law. This is true for passengers of 18 wheelers and other commercial trucks, just as it is for passengers in cars and motorcycles. Your legal right to damages remains the same even if the driver of the truck you were riding in was the negligent motorist who caused the crash.
If you were in a car that was hit by an 18 wheeler truck and it was proven that the trucker was responsible for causing the wreck, then you would be able to make a claim for compensation against the truck driver because they were the at-fault party. As an innocent motorist, you were unable to prevent the collision from occurring. The same is true if you were the passenger of that truck. Since you weren't the licensed operator behind the wheel, you had absolutely no control over the vehicle, so if you were injured, you have a right to make a claim.
Of course, the claim for compensation is not going to be against the truck driver personally, but rather against their employer - the commercial motor carrier company - or their insurance company.
The same is true of leased vehicles. In the eyes of the law, passengers in leased vehicles are members of the public who are protected by the federal provisions governing a motor carrier's liability for the operation of a leased vehicle. This applies regardless of whether the passenger was a friend or relative of the trucker, a fellow employee, or a hitchhiker.
What kind of compensation am I entitled to?
Under Texas law, you are able to recover damages related to any and all medical expenses related to the injuries you suffered due to the accident. This means any hospital costs, any doctors fees, any money spent on drugs that you've either incurred so far or will continue to incur if your injuries are serious enough that they will continue to affect you for the rest of your life. Other financial implications are taken into consideration too; such as any income you have (or will) miss out on as a result of your injuries. You are also entitled to seek compensation for the physical pain and mental anguish you have suffered.
For more information, or to speak to an experienced Texas truck wreck lawyer today, please call the Anderson Law Firm toll free at 800-354-6275 or call locally in Fort Worth at 817-294-1900 or in Dallas at 214-354-6275.
Mark Anderson has been practicing personal injury law since 1991 and is recognised as one of the best attorneys in his field.
Mark is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization – a distinction held by fewer than 2% of Texas lawyers. He was selected as a life member of the Multi-Million Dollar Advocates Forum as recognition for his success in recovering compensation for his clients. He has been honored with the prestigious AV Rating by the Martindale Hubbard System and has been rated 10/10 (the highest level possible) by the AVVO Rating System which ranks attorneys based on experience, conduct and industry recognition. Mark was selected as a Top Personal Injury Attorney by Fort Worth Magazine in 2009 and 2010.
For more information about Mark, see his biography.