Each year, tens of thousands of commercial truck accidents occur in Texas, with over 38,000 happening in 2022 alone. When these crashes happen, victims can suffer severe injuries and face significant financial expenses. State and federal truck accident laws determine who must pay for these costs.
While a truck driver is responsible for safely driving their rig, they may not always be to blame for every accident. Experienced Texas truck accident lawyers know to look carefully at the facts of every truck accident claim before determining who should be pursued for damages.
Texas and Federal Truck Accident Laws
Commercial drivers in Texas, and their employers, are subject to state and federal laws. These authorities govern all aspects of commercial vehicle operations, including:
- Qualifications required to operate commercial vehicles
- How long truckers can drive in a given period
- Prohibited conduct behind the wheel
- Safety equipment vehicles must have
- Size and weight limits
Following an injury or fatal truck accident, laws and regulations like these are consulted and referenced in light of the trucker’s and others’ actions. Commercial drivers, trucking companies, freight handlers, or other persons or entities who violate these laws and thereby cause wrecks can be held accountable for the damage others suffer.
Principles of Liability in Texas: Who Could Be to Blame?
Texas is an at-fault truck accident state. As a result, any person or entity that commits a careless or reckless act that causes a truck crash can be sued and found liable for damages. Skilled Texas truck accident lawyers know to look at the actions of certain common culprits when seeking damages for their clients.
Commercial Truck Drivers
One of the first people whose actions injury lawyers will scrutinize is the trucker. Like all drivers, truckers can be considered negligent and liable for damages if they speed, are impaired by drugs or alcohol, drive while distracted, or continue to operate their trucks despite being fatigued and drowsy, for example.
Commercial drivers must also comply with other regulations, and failure to do so can also be considered negligent conduct. This includes adhering to the Federal Motor Carrier Safety Administration’s hours of service limits. These important regulations prohibit truckers from driving too long without a break or adequate rest.
The Driver’s Employer
Companies that employ commercial truckers are responsible for screening applicants, providing adequate training, and disciplining or terminating dangerous truckers. An employer who fails to take reasonable steps to screen out reckless or careless truckers in the areas of hiring and retention can be liable for damages.
An employer can also be liable for damages after a crash if it was caused by a mechanical issue the company failed to address. Companies should regularly inspect their rigs, replace worn or damaged parts, and ensure reliable mechanics service trucks that need repair.
Freight Companies
Finally, the companies that load trailers for transport can also bear responsibility if they perform their jobs negligently. Some examples of negligent or reckless actions these businesses can commit include:
- Overloading a trailer in violation of regulations
- Not properly securing a load, such that it shifts during transport
- Failing to properly balance the weight of the load in the trailer, thereby making it difficult and dangerous to control on the road
- Ignoring components of the trailer in need of repair
Jackknife and rollover accidents can occur because of an improperly loaded trailer. Therefore, experienced truck accident attorneys will know to look into the freight company’s actions anytime one of these accidents occurs.
How Important Is Legal Counsel in a Truck Accident?
Truckers, trucking companies, and their insurers are notorious for trying to limit their financial losses after a crash. They may attempt to deny liability for causing the crash; if they cannot do this, another common tactic is to try and settle your case for far less than it is worth.
When you have a qualified and competent attorney on your side, these risks are mitigated. Your lawyer can review available evidence to identify who is responsible for causing the accident. They will also collect and analyze your medical records and wage statements to ensure you do not settle your case for too little compensation.
FAQ
Who Pays for My Truck Accident Claim if Multiple Parties Are at Fault?
In a Texas injury case, each negligent party whose actions contributed to an accident is responsible for a share of the victim’s damages. This share represents how much their actions contributed to the overall crash. For example, a defendant who was 75 percent responsible for the accident would be liable for 75 percent of the victim’s damages.
What Dangers Must I Watch for When Settling My Case?
When settling your case, it is crucial that you allow a knowledgeable lawyer to assist you, especially when there could be more than one responsible party. Statements you make or terms you agree to when settling with one party could affect your ability to recover compensation from others involved in the crash.
How Long Will My Truck Accident Case Take to Settle?
The amount of time you must wait before your truck claim settles or reaches a verdict will vary depending on the facts. The more parties that bear responsibility, the longer your case could take. Another factor that can affect how long your case takes to resolve is how clear each party’s responsibility for the crash appears from the evidence.
Speak to Ramsey Law Group About Your Truck Accident Claim Today
At Ramsey Law Group, our experienced legal team is equipped to represent you and help you get the compensation you deserve following a trucking accident. Contact our office today and schedule an initial consultation if you have been injured in a commercial truck crash.