Truck accidents can be devastating occurrences, often leaving victims with serious injuries and causing some major vehicle damage as well. In the worst cases, they can even take someone’s life.
If you’ve been involved in such a situation, you might be wondering who’s considered responsible for the crash. Is it the driver, the trucking companies that they work for, or someone else entirely?
Anyone considering a lawsuit in Houston needs to understand liability, and a seasoned truck accident lawyer can help with that.
The Complexity of Liability in Truck Accidents
Truck accident cases tend to be more complicated than those regarding regular car crashes. Several parties are typically involved, and various federal and state laws regulate trucking companies themselves. In particular, the Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines for how they are to be run. These dictate everything from the number of hours a driver can work to how the truck itself is maintained.
When figuring out liability, every potential contributing factor has to be taken into account. Did the driver follow all the rules? Did the company make sure the vehicle was safe to operate? And could someone in maintenance have neglected their job? The answers to each of these questions (and many like them) will help uncover who is to be ultimately held responsible.
When a Driver May Be Responsible
Truck drivers tend to be on the front lines of accident accountability, especially if something they did directly caused the crash.
More specifically, they could be held liable if they displayed any of the following traits:
- Negligence: Distracted driving, speeding, or breaking other traffic laws all constitute negligence
- Fatigue: Despite strict FMCSA rules on driving hours, some drivers ignore them and drive when they’re tired, leading to exhaustion and poor judgment
- Being Under the Influence: Driving after drinking alcohol or taking drugs is a severe offense for any driver, but especially for truckers
- Improper Training: If a driver isn’t taught how to safely handle a commercial truck, their inexperience could lead to liability
While these actions point directly to the driver, the employer could still share responsibility, especially if they ignored or encouraged unsafe behavior.
When a Trucking Company Could Be Liable
Trucking companies have a legal obligation to ensure their drivers and vehicles are safe and within compliance with all rules and regulations. When they fail to do so, they could be held responsible for an accident.
In particular, a trucking company could be liable if it does any of the following:
- Encourages Unsafe Driving: Drivers sometimes feel pressured by their employers to meet unrealistic delivery schedules, leading to reckless driving
- Violates Federal Laws: Some companies ignore FMCSA weight limits and other rules meant to keep the roads safe
- Allows for Poor Maintenance: Failing to adhere to a defined upkeep schedule can cause mechanical failures that lead to crashes
- Uses Negligent Hiring Practices: Businesses that hire people with subpar records or improper licensing could be responsible for crashes that involve those drivers
When you file a personal injury claim, you need to investigate what role the trucking company may have played in the situation. It is here where a truck accident attorney becomes essential. They’ll make sure everything the company has done is looked at closely and considered in the lawsuit.
Others Who Could Be Accountable
Besides the driver and the business, other parties could also share responsibility in a truck accident, such as:
- Maintenance Workers: Sometimes, the people who are supposed to make sure the truck is safe to drive either ignore problems or don’t follow proper procedures
- Cargo Loaders: Improperly loaded cargo can cause a truck to become unbalanced
- Manufacturers: Could be held liable if an accident results from a defect in the truck or parts, like the brakes or tires
Determining liability is often a complicated puzzle full of actions and decisions made by multiple parties that need to be put together. Everyone has their own level of responsibility, and in some cases, liability might be shared among them.
Shared Liability Means You Need an Experienced Truck Injury Attorney
Because liability in truck accidents can get messy, you need a strong personal injury lawyer in your corner. Shared liability makes the situation particularly challenging, and different parties might try to shift the blame elsewhere.
A skilled attorney will know how to deal with these challenges and build a strong case on your behalf. Trucking companies and their insurers tend to have a lot of resources, so your lawyer will handle negotiations to make sure you’re not pressured into taking a lowball settlement offer.
Frequently Asked Questions
What Evidence Do I Need to Prove Company Liability?
Key evidence usually includes driver logs, maintenance records, black box data, and employment documents. Each of these will work to prove whether the business followed federal and state rules and safety protocols.
How Can Black Box Data Impact My Case?
The truck’s black box, also known as its event data recorder, collects information like speed, braking habits, and hours spent driving in the time leading up to the accident. If the driver’s behavior led to the crash, it is the black box’s data that will help prove it.
How Long Do I Have to File a Claim?
In Texas, the statute of limitations for filing a personal injury claim is usually two years after the day the accident happened. Despite that, it’s important to talk to an attorney as soon as you’re able so you don’t miss any deadlines.
What Compensation Can I Receive?
Compensation depends on the specifics of the accident. However, most cases see payments for hospital costs, lost wages, vehicle damage, and pain and suffering.
Secure Your Rights With Solid Legal Help
If you or a loved one has been hurt in a truck accident in Houston, our team at Ramsey Law Firm is ready to help. Contact us today for a free consultation and take the first step toward healing and moving forward with your life.