Truck accidents are a common occurrence in Texas, and they can result in serious injuries and even death. Determining who is liable for a truck accident can be a complex process, as multiple parties may be involved. In this blog post, we will discuss the various parties that can be held liable for Texas truck accidents.
The Truck Driver
The truck driver is the first party that is typically held liable in a truck accident. If the driver was negligent or reckless while driving, such as driving while under the influence of drugs or alcohol, driving while distracted, or violating traffic laws, they can be held liable for any damages or injuries that result from the accident.
The Trucking Company
The trucking company can also be held liable for a truck accident if they were negligent in their hiring, training, or supervision of the truck driver. For example, if the trucking company failed to perform background checks on their drivers, did not provide adequate training, or allowed drivers to exceed the maximum number of driving hours, they can be held liable for any damages or injuries that result from the accident.
The Truck Manufacturer
If the accident was caused by a defect in the truck’s design or manufacturing, the truck manufacturer can be held liable. Defective parts, such as brakes or tires, can cause accidents, and the manufacturer can be held responsible for any damages or injuries that result.
The Maintenance Company
The maintenance company that services the truck can also be held liable for a truck accident if they were negligent in their maintenance and repair of the truck. For example, if the maintenance company failed to properly maintain the brakes or tires, which led to an accident, they can be held liable for any damages or injuries that result.
Other parties that can be held liable for a truck accident include the cargo loading company if the accident was caused by improperly loaded cargo, and local or state government agencies if the accident was caused by poor road design or maintenance.
It is also important to note that Texas has specific laws and regulations that apply to the trucking industry, and these laws can affect who is held liable for a truck accident. For example, Texas law requires commercial truck drivers to carry a minimum amount of insurance coverage, and failure to carry the required insurance can result in the trucking company being held liable for any damages or injuries that result from an accident.
Furthermore, Texas follows a modified comparative fault system, which means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced accordingly. For example, if the injured party is found to be 20% at fault for the accident, their compensation may be reduced by 20%.
In the case of a fatal truck accident, the surviving family members may be able to file a wrongful death claim against the parties responsible for the accident. These claims can help the family members recover compensation for the loss of their loved one, including funeral expenses, loss of income, and other damages.
Truck accidents in Texas can result in serious injuries and even death. Determining who is liable for a truck accident can be a complex process, and multiple parties may be involved. If you or a loved one has been injured in a truck accident, it is important to seek the help of an experienced personal injury attorney who can help you navigate the legal process and obtain the compensation you deserve.
Chavez Law Firm is a personal injury law firm located in San Antonio, Texas, that specializes in helping individuals who have been injured in truck accidents. Our team of experienced attorneys has extensive knowledge of the laws and regulations that apply to the trucking industry in Texas, and we can help you determine who may be held liable for your truck accident.
Our firm can help you in the following ways:
- Investigation of the Accident: We will investigate the accident to determine who may be held liable. This will include gathering evidence such as police reports, witness statements, and any available video footage.
- Identification of Liable Parties: Once we have gathered all of the evidence, we will identify the parties that may be held liable for the accident. This may include the truck driver, the trucking company, the maintenance company, the truck manufacturer, or other parties.
- Negotiation with Insurance Companies: Our firm will negotiate with insurance companies on your behalf to ensure that you receive the compensation you deserve. We will work to maximize your compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Litigation: If necessary, our firm will take your case to court to ensure that you receive fair compensation for your injuries. We have extensive experience litigating truck accident cases and are prepared to fight for your rights in court.
At Chavez Law Firm, we understand the challenges that come with being involved in a truck accident, and we are committed to helping you obtain the compensation you deserve. Contact us today for a free consultation to learn more about how we can help with your truck accident case.