After a truck accident, it is important to determine who is liable so that you may receive the compensation you deserve. The laws in Texas relating to liability are complicated, so it is important to understand the different criteria that must be met in order to determine who is responsible for the damages.
Whether the driver of the truck, the trucking company, or another party is liable, there are specific steps that must be taken in order to prove that party is responsible for the accident as well as your injuries. Understanding what factors are taken into consideration when determining liability and retaining a quality lawyer will help ensure that you receive the compensation necessary to recover from the accident.
What Causes Most Truck Accidents in Texas?
Most truck accidents in Texas are caused by negligence on the part of the truck driver and their employer. Trucking companies are often responsible for negligent hiring or operating practices, which may lead to inexperienced or unqualified drivers operating large trucks weighing up to 80,000 pounds. Improper maintenance of the vehicle, failure to follow safety regulations, inadequate driver training, overworking, and distracted driving are all major causes of truck accidents in Texas.
Negligence is also a factor when it comes to the trucking industry itself, as some companies may fail to properly train and supervise their drivers or adequately inspect their vehicles before they hit the road. Ultimately, these negligent practices may lead to serious collisions and catastrophic injuries.
Who May Be Held Responsible for a Truck Accident?
In a truck accident, the truck driver and owner-operator may be liable for the accident. In some cases, there may be multiple parties responsible for the accident, such as another motorist, the mechanic of the truck, the employer, and more. Negligence on the part of any of these parties may result in an accident caused by a tractor or improperly loaded cargo. The driver must operate with certain standards and if those are not met, they may be held accountable for any damages incurred as a result of their negligence.
Additionally, if the cargo is not loaded properly or if it shifts in transit then the owner-operator may also be liable. It is important to determine who is at fault after an accident so that all involved may be held accountable and responsible parties may receive compensation for damages.
What Factors May Determine Fault in a Texas Truck Accident?
When it comes to determining fault in a truck accident, many factors must be taken into consideration. Negligence is one of the primary factors that will determine who is liable for the crash. If it can be proven that one of the parties was negligent in their actions or decisions, then they may be liable for any damages caused by the crash. In some cases, both parties involved in the accident may be found to have contributed to its cause, and thus both may be held responsible for paying damages. Many times the owner of the trailer being towed by the tractor is also a potential party to the claim.
If an employee is found to have caused the crash due to their negligence while carrying out their duties as an employee, then their employer may also be held liable for any damages caused by the crash. Therefore, when considering possible fault in a truck accident it is important to look at all aspects of what happened and who was involved before making a determination of liability.
Reach Out to an Experienced Texas Truck Accident Attorney Today
Determining liability is a difficult process, especially if you are involved in the accident. One of the best things that you may do for yourself is to hire a lawyer as soon as possible. That way, you will get the legal support that you need to take action.
When you are able, ask a lawyer for help. Contact Dale R. Rose, PLLC at (972) 634-ROSE (7673) or fill out our contact form today to arrange a free consultation.