According to statistics provided by the Federal Motor Carrier Safety Administration (FMCSA), the U.S. experiences roughly 141,000 traffic accidents involving trucks each year. In 2023, 6,113 semitruck crashes occurred in Harris County, Texas, alone.
Surviving crash victims have the right to pursue injury compensation when the wreck is the clear result of negligence. Such compensation can help them cover their medical bills and other expenses as they try to put their lives back together.
However, pursuing compensation after a truck accident (or any case involving negligence, for that matter) requires an understanding of the concept of negligence. You need to be able to determine which party is responsible for the crash in the first place before filing any kind of claim.
Determining Liability for Semitruck Accidents
According to the FMCSA, the primary reason for commercial motor vehicle crashes is attributed to the semitruck operator about 55% of the time and the other party about 45% of the time.
Be that as it may, those numbers do not necessarily mean the truck driver or trucking company will be held responsible for any injuries or deaths that occur in the event of a crash. That’s because liability in Texas falls on the negligent party.
Negligence is comprised of four key elements:
- Duty of care
- Breach of duty
- Damages
- Causation
- Therefore, parties that might bear the liability for truck accidents include any entities to which these four principles apply.
Grounds for Liability
The theories for holding a party liable depend on how the crash happened. Some grounds for holding a party liable for truck crashes include the following, separated by party:
Independent Truck Drivers
Independent truckers, also called owner-operators, are small business owners. Instead of working for a trucking company, they own their trucks and work as contractors for shippers and other large-scale trucking companies.
Suppose that an owner-operator was to get distracted and rear-end another vehicle as a result. Distracted driving is a classic example of negligence, seeing as any reasonable driver knows (or should know) the risks of trying to multitask while driving. Thus, when an independent truck driver causes a crash, the liability for injuries to the other vehicle’s occupants falls on the owner-operator and their business.
Shippers
Shippers can sometimes bear the liability for truck crashes. If it loaded the trailer or container, for instance, the liability for a collision caused by an unsecured or unbalanced load will be placed upon it.
Trucking Companies
Trucking companies may bear the liability for a crash under two theories. First, they are vicariously liable for the negligent acts committed by their employees in the course and scope of their job duties. In other words, if the truck driver were the employee of the trucking company, the liability for any crashes caused by that driver’s negligence would fall on the employer.
Second, trucking companies are liable for negligent acts they commit. This particular form of liability could arise from any of the trucking company’s actions, including negligence in performing any of the following:
- Loading the truck or securing its load
- Maintaining or repairing the trucks
- Performing background checks
- Retaining drivers after safety violations
- Conducting drug or alcohol tests
The liability under either theory is the same. In other words, once a trucking company is found to be vicariously or directly liable for a trucking crash, the compensation it owes the victims is the same.
Equipment Manufacturers
Manufacturers of trucks or truck parts can bear the liability for injuries or deaths caused by defective products. For example, the most common cause of equipment-related truck crashes arises from a brake malfunction. If the brakes failed due to a faulty brake master cylinder, the manufacturer may be liable for the resulting crash.
Pursuing a Truck Accident Claim
Federal law requires all trucking companies to carry at least $750,000 in financial responsibility. That number could be even higher if the trucks regularly carry hazardous waste.
Trucking companies and owner-operators can meet that minimum requirement through a combination of insurance and surety bonds. Surety bonds are like insurance, except the trucking company must repay the surety for claims it pays. When you see a truck that says “insured and bonded” on the side, it means the operating company has met the federal requirements in case of a crash.
Following a truck accident caused by a truck driver or trucking company, the accident victim will file a claim with the insurers and sureties for the truck. A claims adjuster will investigate the claim and decide whether to accept the claim or deny it. Since the insurers and sureties have so much at stake, they often fight hard against paying claims.
If the adjuster denies your claim, a truck accident attorney can file a lawsuit on your behalf against the party responsible for a truck accident in Texas. Doing so may pressure the at-fault party to settle your claim. But if no settlement is reached, your lawyer will take your case to trial and present evidence of the other party’s actions to a jury.
FAQ
If a Truck Driver Causes a Crash, Who Pays for the Losses?
Truck drivers working as independent contractors are liable for any crashes they cause. However, trucking companies are liable when their employees cause truck accidents.
Are Trucking Companies Liable for Crashes Caused by Load Shift?
Trucking companies can be liable for shifting loads if their workers improperly loaded or secured the truck. They might also bear liability for neglecting to check the work performed by another party, such as a shipper.
Who Is Liable if a Drowsy Truck Driver Hits My Car?
Trucking companies are responsible for the negligent actions of their drivers. If a driver drives while fatigued, for instance, it does not matter whether the trucking company encouraged them to continue their route; it is responsible.
Contact Us to Speak to a Truck Accident Lawyer
Determining liability after an accident with a semitruck often involves complex legal questions. Contact Ramsey Law Group for a free consultation with a truck accident attorney to learn how we can pursue a claim against the at-fault party.