If you are hit by a truck driver with previous drug or alcohol related convictions, it could absolutely affect your truck wreck case against the company who employed that driver. It can demonstrate negligence on many levels such as hiring, supervision, retention, training, and more. When a trucking company knowingly (or accidentally) hires drivers with past drug and alcohol problems, they are willingly abandoning a greater responsibility to ensure their trucks are operated safely on public roads.

In short, a truck driver’s history with drugs or alcohol would likely be considered by a jury when they deliberate on your truck wreck case. Many large settlements or jury verdicts result in strong recoveries for truck wreck injury plaintiffs because of the irresponsible conduct of the company employing the driver, and not just the negligence of the intoxicated driver.

Naturally, you want to hold the person most directly responsible for causing the accident liable for injuries. Thus, suing the truck driver seems like a logical conclusion. While you can certainly sue the driver for damages, focusing solely on this defendant is unlikely to get you the compensation you deserve. While truck drivers must carry commercial insurance in Texas with higher payouts, insurance claims typically do not pay damages in full and do not cover pain and suffering losses.

Since trucking firms are often well-insured, a Dallas truck accident lawyer would typically recommend suing both the driver and the employer. The trucking company enters the suit as a co-defendant and assumes responsibility for screening, hiring, training, supervising, and retaining the driver. Typically, the company can be held liable for anything that occurs while the driver is “on the clock” representing their business.

In some instances, multiple drivers or parties share blame for a truck accident. For example, the truck driver may have been speeding, but you were also using your cell phone. When you share responsibility for an accident, it can directly affect how much compensation you’re entitled to.

To break it down simply, Texas is a modified comparative negligence state, which means your damages are reduced by the percentage of fault you share. These percentages are determined by a judge or jury in the court of law. For example, if a jury rules that you were 20 percent at fault for the truck accident and your damages total $100,000, you would only legally be liable to pursue $80,000 in compensation.

It may be your natural instinct to want to talk to the insurance company to get your side of the story down in writing, but this is a bad move. In the heat of the moment, you may say something that they can use against you to reduce the amount of compensation you are entitled to. Even something as simple and reflexive as the word “sorry” can be seen as an admission of guilt. Tell the insurance company that your lawyer will speak on your behalf. 

There are various laws and deadlines that you have to consider when filing a truck accident claim. When you file any lawsuit in Texas, it is subject to the statute of limitations. This means you have two years from the accident date to sue. If you sit on it any longer, you nullify your right to compensation. In the instance that you file your case after two years, it’s likely the court will immediately dismiss it.

There are two major exceptions where you can extend the statute of limitations and have additional time to make your lawsuit official:

• If you were a minor at the time of the crash, the two-year statute would not begin until you turn 18 years old.
• If the defendant left the state before you filed your lawsuit, the statute would start once they return. Any time out of the state would not count towards the two-year deadline.