Who is liable for a truck accident in Texas? While typically, the truck driver holds some fault, the employer of that driver, third parties such as cargo loading teams, and even the vehicle manufacturer could also be responsible for the injuries.
Let an Arlington truck accident lawyer assist with your claim and help determine the liability for the truck accident in your case.
Determining Who is At Fault in a Texas Truck Accident
In a Texas truck accident, a police report and the insurance company provide initial insight into who is at fault for the accident, and in most situations, that is either the driver of the car or the truck driver.
However, with further investigation and insight into what occurred and what caused the accident, it may be possible to learn of others at fault for such losses. Some of the parties that may hold truck accident liability in Texas include:
- The truck driver solely
- The trucking company employing the driver
- The lessor of the truck or the trailer
- Cargo loaders or shippers
- Truck manufacturers
- Component manufacturers
- Government entities for road conditions
- Tech crews for the truck
It is the victim’s responsibility to determine what happened and who is responsible. When you hire a truck accident attorney in Texas, we do this for you. We hire the best investigators to determine what really happened so that all parties who could be held accountable are.
For a free legal consultation, call (817) 775-5364
How the Court Defines Liability in a Truck Accident
The law makes it clear that those who are responsible for the injuries and losses others suffer must pay for those financial damages. Under Texas Civil Practice and Remedies Code Section 33.001, the law outlines what evidence is necessary to prove negligence in Texas. There are four components of this process:
- A legal duty of care is present. A truck operator maintains responsibility to other drivers on the road. Employers of truck drivers owe others on the road a duty of care by ensuring the driver they hire meets education and training requirements.
- A breach of the duty of care occurred. A breach is some time of violation of the duty of care previously established.
- The breach of that duty directly caused the accident with the victim. There must be a clear indication that the breach caused the accident.
- The crash caused the victim to suffer losses. This must be some type of quantifiable loss in the case.
By proving these steps, a truck accident attorney in Texas can then pursue financial compensation for any losses the victim faces. The key is to prove negligence for each party that could be held responsible.
With our experience and success in recovering millions of dollars for our clients, we are confident we can help those where this negligence exists due to truck accident liability.
Common Causes of Truck Accidents in Texas
Ultimately, to determine fault, our investigators and legal team must determine what caused the accident. There are many ways in which such accidents occur, and sometimes, it can be hard to know. With our ability to research and gather evidence in your case, we can better assign fault, including for these common causes of truck accidents:
- Distracted driving: Any instance in which a truck driver is not paying attention to the road could mean they caused the accident. To prove this, we may use logs from navigational systems or technology on a truck to verify that the driver was on the phone or texting.
- Intoxication: Drivers operating a vehicle under the influence of drugs or alcohol, even prescription medications that cause them to struggle to remain focused on the roadway, could also be held accountable.
- Lack of training: Inexperience causes many of the accidents on today’s roads, and sometimes, the trucking companies hold some of that responsibility if the truck drivers do not have ample training or the proper license requirements under the law.
- Truck breakdowns: In a more complicated case, if the brakes, tires, or other components of a truck fail and cause an accident, we may pursue insight against the truck driver, the manufacturer, or the repair company, depending on who failed to provide care.
- Truck driver fatigue: Truck drivers must take breaks throughout their working day, and they have limitations on how many hours they can be behind the wheel. Trucking companies that allow drivers to miss these required breaks could be held responsible.
These are some of the most common causes of truck accidents in Texas. Once we gather information about who is to blame, we can then clearly determine who is liable for the truck accident.
We use this information to pursue full compensation for any losses victims suffer, so be sure to review our newsletters to learn more.
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Expect Our Legal Team to Bring the Fight
Insurance companies will do all they can to limit the compensation paid. Our job is to make sure you get the compensation owed to you. To do that, The Texas Law Dog will provide a wide range of strategies and resources to you:
- Investigators who will find out who was involved
- Comprehensive research into your losses, including medical expert opinion
- Accident reconstruction specialists who can provide insight into what occurred
- Exceptional legal experience and years of fighting against insurance companies
- Powerful negotiators who know how to hold insurance companies accountable for losses
If you were in a truck accident and are unsure about liability, we strongly encourage you to work with a legal team with the experience you can rely on.
Turn to our professionals now to gather more insight into your legal rights. We are here to guide you through this entire process, and our videos section can also be of assistance.
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Contact Our Truck Accident Attorney in Texas for Legal Guidance
Understanding who is liable for a truck accident in Texas is critically important to victims. At The Texas Law Dog, we do not give up until we fully understand the negligence in your case, its value, and how to recover your losses.
Set up a free consultation with our Texas truck accident attorney now.
Call (817) 775-5364 or complete a Free Case Evaluation form
