Texas Truck Driver Accidents in Beaumont’s Petrochemical Industry: When Can You File a Claim?

Truck drivers transporting petrochemical products such as gasoline and diesel face a unique risk on Texas roadways. Their trucks carry flammable liquids, which can result in fires that burn vehicle occupants. Additionally, tanker trailers have a high center of gravity, making them susceptible to rollovers from the shifting weight of liquids during corners and stops. Accidents in these big rigs can cause severe injuries and death, and a Beaumont personal injury lawyer can help you seek compensation for your damages.

If you’ve suffered injuries due to the negligence of another while driving a gas or oil truck in Texas, you may file a workers’ compensation claim, personal injury lawsuit, or both in some cases. The Beaumont work injury attorneys at Carabin Shaw can help you understand your legal options. Read our law firm’s client reviews to find out more about our quality legal services, then contact us today to schedule a free case review.

In most truck driver accidents in Beaumont TX, the driver will first seek injury compensation by filing a workers’ compensation (WC) claim. However, Texas does not require employers to carry this insurance. Truck drivers can verify workers’ compensation by visiting the Texas Department of Insurance WC coverage verification website.

A lawyer can help injured truck drivers with their WC claim, especially when negotiating benefits or  disputing a claim. Workers’ compensation benefits include medical, income, burial, and death benefits. This coverage prevents you from suing an employer except in cases of death by gross negligence. However, your local lawyer can also help you file claims against third parties or uninsured employers for more comprehensive damages.

The primary advantage of a personal injury claim over a workers’ compensation claim is that it includes noneconomic damages, such as pain and suffering and emotional anguish. In such claims, your attorney must prove negligence for you to win damages, so there is some risk. In some cases, you can file a workers’ compensation claim and a personal injury lawsuit at the same time, but the workers’ compensation insurer will seek reimbursement for benefits paid if you get an additional settlement or judgment after an oil refinery truck accident.

You file third-party claims against a negligent party who is not your employer. In Beaumont petrochemical accidents, this may include:

• Vehicle or tanker trailer manufacturer
• Refinery plant responsible for filling the tanker
• Maintenance company
• Logistics company
• Other driver
• Owner of the truck

If a Beaumont, Texas, employer does not subscribe to workers’ compensation insurance, an injured truck driver can submit a claim against them in civil court. However, the employer will still need to report the work-related injury to the Texas Department of Insurance (TDI). Essentially, your attorney and the court will handle your claim much like any other negligent party in a personal injury case.

Hiring legal representation as soon as possible after a truck crash ensures that you don’t make any mistakes that could harm your opportunity for compensation. At Carabin Shaw, our staff speaks English and Spanish, so you can get the help you need without a language barrier. During your first consultation, we’ll interview you to find out what caused your accident, who is likely liable for damages, and how much your claim is worth.

Hiring someone immediately after an injurious accident can help preserve evidence. It also allows victims to focus on their healing process rather than the stress of a lawsuit.

Understanding your legal rights to compensation from liable parties and from workers’ compensation insurance enhances your ability to collect a fair settlement. At Carabin Shaw, we offer our services on a contingency-fee-basis, so you can start your legal journey with no extra financial risk. Call toll-free 1-800-862-1260 to speak to our staff today. Someone is available to speak with you 24 hours a day, seven days a week.

For more information:

• TDI Texas
• Texas Department of Insurance
• THIRD-PARTY LIABILITY