In Texas, Who Can Be Held Liable In A Truck Accident?

In the Lone Star State, we see a lot of freight traffic on our highways and interstates. 

When a truck accident happens, it’s important to figure out who is responsible for the damages.

The party at fault in a truck accident is the one whose carelessness caused the crash. It could be the truck driver, the trucking company, or even the company that made a defective part of the truck. 

Texas law determines how we figure out who is responsible and provides ways for injured victims to get compensation.

In this article, the experienced truck accident lawyers of Funk and Associates explain the important laws in Texas that deal with truck accidents. We’ll look at how the state decides who is to blame in a truck accident and offer advice on what you can do to make sure your rights are protected.

Trucking Laws In Texas

According to the Texas Transportation Code, Texas truck drivers must drive with “due care,” meaning they should avoid careless or reckless actions that could harm others on the road. 

Truck drivers also need to follow the Federal Motor Carrier Safety Regulations, which set rules for driving hours and proper vehicle operation. 

Failure to adhere to these laws could be considered negligence, making the 18-wheeler driver liable in the case of accidents.

Trucking companies are also responsible for keeping their vehicles in safe and good condition. This involves regular maintenance checks and promptly fixing any issues. If a company neglects these responsibilities and an accident happens as a result, the company may be held responsible for any personal injuries sustained by other drivers.

Who Can Be Liable For A Truck Accident?

If you are seriously injured in an accident involving a 18-wheeler or other commercial truck, you may have a claim against one or more of the following parties:

• The truck driver: A driver who violates regulations by driving for too long without a break, using drugs or alcohol, texting while driving, driving at excessive speeds or operating his vehicle in a reckless manner may be found at fault for the accident.
• The truck parts manufacturers: Faulty equipment or dangerous products may contribute to an accident. Therefore, a parts manufacturer may be held liable for your injuries if the accident was caused by defective parts.
• The truck owner: Because the truck owner is responsible for maintaining equipment to ensure the rig is safe to drive, he or she can be held accountable in an accident caused by equipment malfunction.
• Trucking companies: Any trucking company or agency that negligently hires a driver with a poor truck driving history or sets unrealistic schedules that encourage speeding may be the subject of a personal injury claim.
• Truck loading company: Big rigs that are overloaded or have unbalanced cargo are at risk of rolling over. If the loading company does not sufficiently balance and inspect a load, it can be held liable for a crash.

Some of these claims can be extremely complex. You must prove negligence, which means you get help from an experienced truck accident attorney with the resources to work with a team of experts.

Texas Is An ‘At Fault’ Insurance State

In Texas, there’s a rule called “modified comparative fault” when it comes to truck accidents. This means that even if the victim shares some responsibility for the accident, they might still get some compensation from the party primarily at fault. 

However, there’s a catch – the victim’s negligence should not surpass 50% of the total responsibility for the incident. If it does, there will be no recovery.

What Should I Do If I Have Been In A Truck Accident?

If you’re in a crash with an 18-wheeler or other commercial vehicle, start by getting medical help and calling the police to report the incident.

If at all possible, take pictures of the scene and talk to witnesses. 

Since you might need to file an insurance claim or lawsuit, it’s crucial to keep track of all expenses and losses. Keep records of medical bills and any work time missed due to injuries.

Reach out to an experienced personal injury attorney, someone who can help figure out who’s responsible and make sure you get the compensation you deserve for your losses.

If you have been hurt in a truck accident in Austin or anywhere in Texas, please contact Funk and Associates at 1-888-472-FUNK (3865) to arrange your free case evaluation. Remember: If we are unsuccessful in obtaining a settlement/verdict, you DO NOT pay us any of the advanced expenses. Client expenses are deducted from the total recovery in case of recovery.