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Will Truck Drivers File Third-Party Personal Injury Claims?

Truck drivers spend an inordinate amount of time on Texas roadways. This means that they have more chances of being involved in an accident -- and they are not always responsible for those crashes. When they are accident victims, they typically retain the right to file third-party personal injury claims against the party or parties deemed responsible to supplement any workers' compensation benefits they may receive in the aftermath of an accident.

In many accidents involving big rigs, truck drivers are not injured. However, that is not always the case. A recent accident involving a van and two trucks caused injuries to both truck drivers. Texas State Troopers report that an eastbound van veered into oncoming traffic in order to pass slower moving vehicles. For some reason, the 27-year-old driver failed to see that there was westbound traffic heading right toward him as he attempted to pass.

The van collided with one rig and then another, causing him to suffer fatal injuries in the crash. The impacts were substantial, and the truck drivers did not escape injury. The driver of the first truck was seriously injured and had to be flown to an area hospital. The second truck driver also suffered injuries and was taken to a hospital by ambulance.

Both truck drivers are likely entitled to receive workers' compensation benefits to cover their medical bills, lost wages and other issues. However, they may also file personal injury claims against the estate of the deceased driver. If a Texas court rules that the deceased driver was negligent, damages may be awarded to the drivers over and above any workers' compensation benefits they receive.

Source: yourhoustonnews.com, "Accident on Texas 105 claims life of Tomball man", Vanesa Brashier, Oct. 6, 2015

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