Truck accidents often differ from typical car accidents because of their complexity and severity. Multiple parties may share liability, making fault determination more involved. This guide explains who could be responsible for a truck accident and how liability is established.
If you were hurt in a truck accident, contact The Francis Firm. Whether the truck driver, trucking company, or another party is liable for the accident, an accident attorney can help you pursue compensation for your injuries and losses.
Determining Fault in a Truck Accident
When determining fault for the accident, investigators typically focus on three primary groups: the truck driver, the trucking company, and potentially the truck manufacturer. In some cases, multiple parties may share liability for the accident.
Truck Driver
Truck drivers must adhere to stricter regulations than other motorists. Their training is designed to help them safely handle the complexities of operating large vehicles. When a truck driver causes an accident, their actions are often scrutinized for negligence. Common causes of truck driver liability include:
- Speeding
- Unsafe lane changes
- Distracted driving
- Tailgating
- Driving under the influence
- Reckless driving
Failing to perform routine safety checks also puts drivers at fault. Pre-trip inspections are mandatory to identify potential mechanical issues, such as brake malfunctions. A truck accident attorney can investigate these factors to determine the fault of the accident and the negligent parties responsible.
Trucking Company
Trucking companies must follow federal safety regulations, including proper hiring practices, adequate driver training, and routine truck maintenance. Failing to meet these obligations can make the company liable for an accident. Examples of trucking company negligence include:
- Poor screening and hiring practices
- Failing to test for drug or alcohol use
- Improperly training drivers
- Encouraging drivers to exceed legal hours-of-service limits
- Neglecting maintenance or repairs
The company's commercial insurance policy may cover the damages if the truck driver involved in the crash is an employee. Larger insurance policies often provide more significant compensation for accident victims, which is crucial when injuries are severe.
Truck Manufacturer
In some cases, defective truck components cause accidents. The manufacturer may share liability if a mechanical failure results from a design or manufacturing flaw. Examples include faulty brakes, defective tires, or malfunctioning steering systems. Product liability claims can address these issues.
How Fault is Determined in a Truck Accident
Fault in a truck crash hinges on identifying negligence. Courts and insurance companies assess fault by examining whether a party failed to uphold their duty of care. Negligence is often established through the following evidence:
- Eyewitness Statements: Testimonies from people who saw the accident can clarify what happened.
- Video Footage: Traffic camera footage or dashcam recordings may show how the crash occurred.
- Police Reports: Officers at the accident scene will create reports that outline their findings and opinions.
- Traffic Citations: Citations issued to the truck driver or other parties can indicate negligence.
Police reports are an important starting point but are not definitive. Insurance companies and courts may contest or override the findings in these reports. However, a citation for texting while driving or speeding can strengthen a claim against the truck driver.
What Happens If You Share Fault?
In some truck accidents, multiple parties, including the injured party, share liability. Texas follows a modified comparative negligence rule. Under this system, you can recover damages if you are not more than 50% at fault. Your percentage of fault will reduce your compensation.
An experienced accident lawyer can work to minimize your share of fault to maximize your compensation.
The Role of a Truck Accident Attorney
A truck accident attorney can help you navigate complex liability issues. Their role includes:
- Investigating the accident
- Gathering evidence, including witness statements and police reports
- Identifying all liable parties
- Handling negotiations with insurance companies
- Filing a personal injury claim or truck accident lawsuit
In addition to legal representation, an attorney can help you access medical care. Many doctors hesitate to treat truck accident victims due to delayed payment from lengthy litigation. Attorneys often have relationships with medical providers who agree to delay billing until after the case is resolved. This ensures you receive the care you need without upfront costs.
Steps to Take After a Truck Accident
If you’ve been injured in a truck accident, follow these steps to protect your rights and build a strong case:
- Document the Accident Scene: Take photos of the vehicles, road conditions, and any visible injuries.
- Seek Medical Attention: Prompt medical care ensures your health and creates a record of your injuries.
- Obtain the Police Report: This report can provide key evidence for your claim.
- Consult a Truck Accident Attorney: Legal guidance can help you establish fault and seek fair compensation.
Common Damages in Truck Accident Claims
Truck accidents often result in significant damages due to the size and weight of commercial vehicles. Common recoverable damages include:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Loss of earning capacity
Your attorney will assess your damages and fight to ensure you receive fair compensation for your losses.
Contact a Truck Accident Attorney Today
Truck accidents often involve multiple parties and complex liability issues. Determining fault is essential to securing compensation for your injuries. If you’ve been involved in a Texas truck accident, the attorneys at The Francis Firm can help you establish fault, negotiate with insurance companies, recover damages, and get you the compensation you deserve. Contact us today by calling 817-329-9001 for a free case evaluation. You can also speak with an attorney online. ontact the truck accident attorneys at The Francis Firm today for a free consultation.