Texas is the only state in the nation that does not require employers to subscribe to workers’ compensation. In every other state, an injured employee’s only recourse is through workers compensation. In Texas, however, an injured employee who works for a non-subscribing employer has the right to sue for compensation. Interestingly, workers have the upper hand in non-subscriber injury cases in one key way - the employer’s defenses are limited. 

If you were hurt on the job and your employer is a non-subscriber, it is very important that you talk to a qualified lawyer as soon as possible. An attorney will want to begin his own investigation without delay, and will be able to tell you if any of these restricted defenses could help your case. 

Which Defenses are Unavailable to a Non-Subscribing Employer? 

Employers who subscribe to workers’ compensation insurance have a few defenses available to them that non-subscribers cannot use. If your employer is a non-subscriber, they cannot raise any of these defenses: 

Drowsy driving is a problem that affects many people, and when someone nods off or falls asleep while behind the wheel, this can lead to a dangerous collision. Drowsy driving is even more dangerous for drivers of large semi-trailer trucks since truck accidents are likely to result in serious injuries for people in other vehicles. Unfortunately, driver fatigue is a common issue that affects truck drivers. Those who have been injured in collisions caused by a drowsy or fatigued truck driver will need to work with an attorney to determine how they can hold the driver and/or the trucking company that employed them liable for their damages.

The Dangers of Truck Driver Fatigue

Drowsy driving can have a major impact on a person’s ability to drive safely. Truck drivers who fall asleep behind the wheel may collide with other vehicles or pedestrians, run other cars or trucks off the road, or collide with obstacles, which can result in rollover accidents that affect multiple other vehicles. 

Even if a driver does not fall asleep, drowsiness will cause them to be less attentive to what is happening on the road around them. It can also slow a person’s reaction times and affect their ability to make decisions quickly, meaning that they may be unable to respond quickly enough to avoid a collision. In fact, scientific studies have found that if a person stays awake for 18 hours, this is equivalent to having a blood alcohol content (BAC) of .05%, and staying awake for 24 hours is equivalent to a BAC of .08%. The legal BAC limit for commercial truck drivers is .04%.

Large trucks are an essential part of Texas’ economy. Truck drivers traverse across the entire country, bringing goods from all over. While these vehicles and drivers might serve an important function, they also pose a serious threat. Large truck accidents are life altering and, in some cases, even life ending.

In accidents involving large trucks and smaller passenger vehicles, victims in the smaller vehicles are much more likely to suffer fatal injuries. Part of the problem is that tractor trailers simply weigh more than cars — a lot more. The average large truck weighs as much as 30 times more than passenger vehicles. Sadly, several issues could result in these massive vehicles causing a serious accident.

Poorly maintained equipment

Trucking companies are supposed to ensure that their vehicles are properly maintained and free of defects. Unfortunately, defective equipment is a common factor in large truck accidents. Brake defects factor into an astounding 42% of all investigated trucking accidents. A single defect can increase the risk of a crash by 200%.

It is always a good feeling to walk into a store and find the exact product you were looking for, but you might not think much about how it got there. However, you have probably had the experience of driving near a large truck. Large trucks travel back and forth across the country each and every day, delivering goods and consumer products. Unfortunately, getting products to stores is not always safe. Large truck accidents are responsible for thousands of deaths every year.

In 2018 alone, large truck accidents caused 4,136 fatalities. In two vehicle accidents that only involved large trucks and passenger vehicles, drivers and occupants in passenger vehicles accounted for 96% of deaths. Large trucks also caused 22% of all passenger vehicle deaths in multi-vehicle accidents.

What is a large truck?

Large trucks are also referred to as 18-wheelers or tractor trailers. An example is a tractor truck that is pulling one or more trailers. Large trucks can also be single unit vehicles. These trucks often weigh upwards of 10,000 pounds.

Commercial trucks play an important role in our economy. They are large and heavy because they transport goods and products across the country, but they are also capable of inflicting serious damage in the event of an accident. Because they are so much bigger and heavier that other types of vehicles, they are capable of inflicting grave damage.

If you are the victim of a truck accident in Texas, you know first hand how destructive accidents involving semitrailers can be. You may also know how overwhelming the aftermath is, and how difficult it can be to pick up the pieces and move forward. As a truck accident victim, you may have grounds to pursue financial compensation through a civil claim filed against the liable party.

Common questions about these accidents