Austin, TX (Law Firm Newswire) October 25, 2016 – Mercedes Contreras is suing Royal Cargo Corp. and Leyvis Ortega, alleging Ortega negligently failed to properly control his big rig.
According to the trucking accident lawsuit filed in this case, Mercedes Contreras was heading west on I-30. She was hit by a big rig driven by Leyvis Ortega, who collided with the rear of her car. Contreras alleges she sustained permanent, disabling injuries. The statement of claim further alleges that Ortega did not pay attention to where he was going and what was going on around him, did not stay a safe distance behind Ms. Contreras’s vehicle and failed to use his brakes soon enough to avoid the accident.
“In cases like this one,” said Austin trucking accident attorney Brooks Schuelke, “there are typically multiple defendants named. These may include the truck driver, the owner of the truck if it is not the driver, the trucking company the driver worked for, and in some instances, the owner of the load on the truck at the time of the accident.”
Schuelke, who is not involved in this case, says trucking accidents are highly complex and may also involve jurisdictional issues. For example, an accident may occur in Texas, but the trucking company’s headquarters are in South Carolina and the driver is from Nebraska. Things get even trickier when the victim is from yet another state.
“Jurisdiction is important because it determines which court should hear the accident case and has an enormous influence on insurance issues,” Schuelke added. Not many people realize that every state has different requirements on what kinds of insurance trucking companies must carry, how insurance monies are to be paid out and who pays them out. “It can get even more complicated when an accident happens in a ‘fault’ state versus a ‘no-fault’ state. Fault is a crucial determining factor in liability and who pays what at the end of the day.”
In “no-fault” states drivers file a claim with their own insurance company no matter who may be at fault. In those cases, an injured party may start with a claim against the other driver’s insurance company and launch a personal injury lawsuit against the other driver.
“As you can see, trucking accidents are very complicated and for this reason, it is wise to retain personal injury counsel to determine your options. Act quickly though, as delays may result in evidence being destroyed or lost,” added Schuelke.
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
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