Determining Liability For a Grand Prairie Truck Accident Case
A truck collision case can be difficult to handle. There are many elements to a truck accident case. A tractor-trailer collision is similar to a regular car wreck, but the stakes are so much higher because trucking accidents usually lead to more injuries and bigger damages. It is best to seek help from a knowledgeable truck accident attorney as soon as possible after a crash.
A skilled lawyer can investigate the collision, collect evidence, and help determine who is at fault. It is crucial to bring in an experienced truck wreck lawyer immediately so they can preserve all the evidence necessary to prove their case. Get in touch with an attorney to learn about the nuances of determining liability for a Grand Prairie truck accident case.
Who Could Be Held Liable For An Accident?
Commercial truck wrecks are different from passenger car crashes because the trucking company usually employs a truck driver, and as the trucker’s employer, they may bear legal responsibility for the truck driver’s actions, as well as for the safety of the truck.
So, in addition to the truck driver and the carrier, several other parties may be liable for a truck accident. This could include the manufacturer of the truck and its parts, vendors providing services to the carrier, the owner of the cargo, or even a local government or contractors responsible for how they design maintenance.
How To Prove Negligence In a Truck Accident Case?
The attorney could thoroughly investigate the case, and look at the police report and review the black box information, try to gather witness statements and testimony, try to gather any video footage of the crash if that’s available.
Often, the trucker’s attorney may employ various experts like an accident reconstruction expert or an expert who could speak to the Federal Motor Carrier Safety Violations that were incurred. Additionally, the lawyer may review all that information to try to help determine liability.
Is Grand Prairie A Contributory Or Comparative Negligence Jurisdiction?
Grand Prairie is under Texas law, which uses comparative negligence, and that’s specifically called the modified comparative fault rule in Texas, then use pure contributory negligence. So, they do not have to worry about being entirely barred from covering compensation even if they were just partially at fault for contributing to a crash.
Under Texas’s modified comparative fault rule, they can only be barred if their negligence contributes to the accident more than the other party. So, if they were 51 percent liable, then they will be barred from their claim.
What Are Some Of The Factors That Are Considered When Trying To Assign Liability?
The defense will use a variety of tactics. For example, the defense could use a lack of seatbelt to help diminish liability. If the injured claimant was not buckled up when they were injured in a wreck, then the defense may say that they contributed to their own injuries by choosing to ignore the laws that require seatbelts.
Whether they were wearing a seatbelt doesn’t have a thing in the world do with how the wreck occurred. So, the trucking company can use this information to put fault on them for the crash. So, they will need the help of a lawyer who can keep the jury far focused on what really matters in their case, which is the truck driver’s negligence.
Failure To Keep Proper Lookout.
Failure to keep a proper lookout can cause a severe collision. Even if the truck driver caused their wreck by swinging too wide during a turn or running a stop sign, the defense can still claim they are partially liable due to a failure to be watchful and subsequently react quickly enough to avoid the crash.
Texting while driving is a major distraction that is believed to be a factor in many crashes. Consequently, if they were texting at the time of their crash, the trucking company’s defense lawyers will allow to try to suggest their client is not entirely liable for their injuries.
In many rear-end collisions, the vehicle that rams into the back of the other vehicle is determined to be at fault, but there are exceptions. If a car comes in front of 18-Wheeler and slams on the brakes, the truck driver may not be at fault always for that crash.
Failing to Wear Proper Glasses
Failing to wear glasses or contacts is known to cause a big rig collision. If they got a prescription to wear glasses or contacts, and they need to do this while driving, even if they have a mild prescription, a defense lawyer could claim they had some responsibility for the crash because they were not wearing their lenses while driving.
Some drivers try to claim that they do not need to wear their glasses while driving, but this can be a detrimental move if the defendant chooses to point out a driver’s license qualification requiring corrective lenses while operating motor vehicle.
Medication or Medical Conditions
Some medications will state on the warning label to not attempt to operate machinery while under the influence. If they were taking this kind of prescription or over-the-counter medication when they were injured in an accident, the defense may try to suggest that they are in an altered state of consciousness due to the medication contributed to the wreck, relieving the defendant from full liability.
In addition, the defense may argue that a medical condition prevented them from reacting to the road obstruction of an 18-Wheeler in reasonable time.
Insufficient Vehicle Maintenance
While the truck may have caused their accident, the defense lawyer may measure the amount of space it took their vehicle to break and then claim there was some faulty with their brakes or tires that caused their vehicle to delay in slowing down.
This can be used as a reason to suggest they contributed to the accident, therefore, diminishing the trucking company’s liability. Particularly, when it comes to the tires and brakes, they might need to present evidence of maintenance, including records, to obtain full compensation.
Speak to a Truck Accident Attorney As Soon As Possible
There are many factors that go into determining liability for a Grand Prairie truck accident case. You should retain the services of a knowledgeable truck accident attorney immediately following a tractor-trailer crash. A diligent attorney can help them establish that their reaction time or their evasive maneuvers were reasonable and that the crash was solely due to a negligent driver. Call today to schedule a consultation.