After a tractor-trailer accident, you may feel shocked and confused. How did the accident happen, and who pays for your injuries and damages? Truck accidents occur for many reasons, and more than one person or entity may be liable.
This guide explains who may be held responsible for a trucking accident, including the truck driver, the trucking company, and others. If you’ve been injured in a truck accident, talk to The Francis Firm immediately to seek compensation for your losses.
Potentially Liable Parties in a Truck Accident
Truck crashes often result in chaotic scenes, especially when multiple vehicles are involved. Determining liability in a truck accident is complex. Depending on the circumstances, one or more of the following may be held liable for a truck accident:
Truck Driver
Truck drivers with a Commercial Driver's License (CDL) must follow strict state and federal regulations to ensure road safety and conduct regular vehicle inspections. However, even experienced commercial truck drivers can make errors that cause serious collisions.
If the police issue a citation to the truck driver for unsafe driving, this may help establish liability. However, the driver may still be found liable for the accident even without a citation.
A driver’s negligence, such as speeding, distracted driving, or fatigued driving, can significantly contribute to accidents. Drivers must also follow federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA), including limits on service hours to prevent fatigue-related accidents.
Trucking Company
Trucking companies are responsible for ensuring their drivers and vehicles meet safety standards. They must perform thorough background checks on drivers, verify compliance with hours-of-service rules, and provide regular vehicle maintenance.
A trucking company may be liable for damages if it fails to train its drivers properly, neglects vehicle upkeep, or ignores federal safety regulations. Many trucking and freight companies carry liability insurance policies with high coverage limits, which may help cover damages in a truck accident case.
Other Potentially Liable Parties
The following are other parties who may be liable in a truck accident.
- The truck’s owner-operator: If the truck driver is an independent contractor rather than an employee of a trucking company, the owner-operator may share liability.
- Shipping company: Improperly loaded cargo can cause a truck driver to lose control and cause a collision.
- Truck or truck parts manufacturer: Mechanical failure, such as defective brakes, may make a third-party manufacturer liable for accidents. The FMCSA also mandates that trucks undergo regular inspections and maintenance to ensure compliance with safety standards.
Vicarious Liability in Truck Accidents
In many truck accident cases, the driver and the trucking company may be liable. Under the legal theory of vicarious liability, a trucking company can be responsible for a driver’s negligence if:
- The driver was working under the trucking company’s control and direction.
- The company could oversee the driver’s actions during the accident.
- The driver’s negligence occurred while performing work-related duties.
Establishing vicarious liability is key to recovering full compensation for injuries and damages. Trucking companies often have higher insurance coverage limits than individual drivers. For example, federal regulations require commercial trucking companies to carry liability insurance with a minimum coverage of $750,000 to $1 million. These higher policy limits can make a significant difference for accident victims with extensive medical bills, lost income, and lost wages.
Why Determining Liability Is Critical
Suppose you suffered severe injuries in a trucking accident, such as a broken hip, traumatic brain injury, or punctured lung, and incurred $100,000 in medical bills. If you only file a claim against the truck driver’s auto insurance, there may not be enough coverage for your injuries and damages. Many personal insurance policies have low limits, leaving accident victims without adequate compensation.
However, if your attorney establishes that the trucking company is partially liable under vicarious liability, you may be able to recover damages from multiple parties. This includes compensation for medical expenses, lost wages, and pain and suffering. In cases where multiple parties may share liability, having an experienced truck accident attorney to investigate the accident is essential.
Truck Accident Injuries and Damages
The size and weight of commercial trucks often result in severe injuries when they are involved in an accident. Common injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal organ damage
These injuries may lead to significant medical costs, lengthy recovery periods, and reduced earning capacity. Accident victims may also suffer from emotional distress and ongoing pain. Seeking compensation for your injuries is a critical step in rebuilding your life after a truck accident.
The Role of a Truck Accident Attorney
If you’ve been injured in a truck accident, you might be overwhelmed by medical bills, insurance claims, and legal paperwork. A truck accident lawyer can guide you through this process and help you determine liability.
A knowledgeable truck crash attorney in Texas will:
- Investigate the accident thoroughly to identify all potentially liable parties.
- Work with accident reconstruction experts to establish how the accident occurred.
- Negotiate with insurance companies to secure fair compensation for injuries and damages.
- Represent you in court if the insurance company does not offer a fair settlement.
Additionally, many personal injury victims face challenges accessing medical care. Doctors may hesitate to treat patients involved in accident cases due to concerns about delayed payment from insurers. Your attorney can connect you with healthcare providers who agree to wait for payment until your case is resolved.
Contact a Texas Truck Accident Attorney Today
If you’ve been injured in a truck accident, you must act quickly to protect your rights. At Francis Injury, our experienced truck accident attorneys can help you hold the driver or company responsible for your injuries. Whether you’re dealing with medical bills, lost wages, or pain and suffering, we’ll fight to get you the compensation you deserve.
Contact us today for a free consultation and case review by calling 817-329-9001. We’ll investigate the accident, determine liability, and hold the responsible parties accountable for your losses. You can also speak with a Texas truck accident lawyer online.