Large trucks, often known as big rigs, are a common sight on Texas roads, carrying goods and materials across long distances. While these trucks are essential to the economy, they can also be dangerous if accidents occur. Texas is one of the busiest states for trucking due to its size and strong economy. With so many trucks on the road, the chances of truck accidents increase, putting the lives of other drivers at risk. When a large truck crashes, the results are often more severe than typical car accidents, often leading to serious injuries or even fatalities. Understanding who might be responsible when a truck accident happens is important for anyone involved in such an unfortunate event. At, Chavez Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Why Texas Truck Accidents Are Different from Other Crashes
Truck accidents are unique compared to other types of car crashes because of the size and weight of these vehicles. Large trucks, such as 18-wheelers, can weigh up to 80,000 pounds when fully loaded, while the average car weighs around 4,000 pounds. This massive weight difference means that even a minor collision with a truck can cause major damage to other vehicles and lead to severe injuries for their occupants. Additionally, trucks have large blind spots, making it difficult for drivers to see other cars on the road, increasing the chance of accidents.
Texas also has busy highways, long stretches of rural roads, and various weather conditions that can make driving tricky. When a truck accident happens, it often involves more than one party, and determining who is liable can be complex. Liability in a truck accident is not always clear, as it can involve the truck driver, trucking company, or even other parties related to the maintenance and loading of the truck.
Common Causes of Texas Truck Accidents
Understanding the common causes of truck accidents can help in figuring out who might be at fault. Truck accidents often happen due to various factors, many of which involve more than just the truck driver. In some cases, weather conditions or road problems may play a role, but human error and mechanical issues are frequently involved.
Driver fatigue is a leading cause of truck accidents. Truck drivers often spend long hours on the road, and despite regulations that limit driving time, some may still push themselves too far. Fatigue can lead to slower reaction times and make it harder for drivers to respond to sudden changes on the road. Distracted driving is another major cause, with some drivers using their phones or becoming distracted by in-cab technology. Driving under the influence of drugs or alcohol, even prescription drugs that cause drowsiness, can also be a factor.
Mechanical failure in trucks can lead to accidents if parts like brakes or tires fail while the truck is on the road. In some cases, the trucking company may be responsible for poor maintenance, especially if it neglects regular inspections. Improper loading of cargo can also lead to accidents. When cargo is not loaded correctly, it can shift during transit, causing the truck to become unbalanced, which can lead to rollovers or other accidents.
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Liability of the Truck Driver
The truck driver is often one of the first people looked at when a truck accident occurs. If the driver was tired, distracted, or otherwise not following the rules of the road, they may be held liable for the accident. For instance, if the driver ignored the hours-of-service rules, which limit how long they can drive without a break, and this led to fatigue, the driver could be at fault for the accident. Similarly, if the driver was using a phone or under the influence of alcohol, they could be held responsible.
Truck drivers are required to follow both federal and state laws while driving, and failure to follow these laws can increase their liability in an accident. However, proving driver fault in a truck accident case can be challenging without evidence. This may include records from the truck’s electronic logging device, which tracks driving hours, or data from the truck’s black box, which can record speed and other details right before the crash.
Liability of the Trucking Company
In many cases, the trucking company can be held responsible for accidents involving their vehicles. Trucking companies have a duty to hire qualified drivers, maintain their fleet, and ensure that drivers follow safety guidelines. If a trucking company hires a driver who has a history of unsafe driving, it could be liable if that driver causes an accident. Companies can also be held responsible if they pressure drivers to work longer hours than allowed, leading to driver fatigue.
Maintenance is another area where trucking companies can be held liable. Trucks need regular maintenance checks to ensure that they are safe to operate. If a company skips these checks or does not fix known issues, it may be at fault if a mechanical failure causes an accident. Trucking companies are also responsible for properly training their drivers. If a company fails to provide necessary training, it may be held responsible if an accident occurs due to driver error.
Role of Other Third Parties
Liability in a Texas truck accident may also extend to other parties. For example, if a truck part fails and this leads to an accident, the manufacturer of that part could be held responsible. This is often the case if there was a defect in the design or manufacturing of the part, such as faulty brakes or tires. To prove that the manufacturer is at fault, one would need to show that the part was defective and that this defect was the direct cause of the accident.
Cargo loading companies may also be liable if improper loading of cargo led to the accident. This is common in cases where cargo was not secured properly, causing it to shift or fall off the truck. In these situations, the company responsible for loading the truck may be held responsible for the accident, especially if it did not follow safety standards.
Shared Liability and Comparative Fault in Texas
In Texas, liability in truck accidents can sometimes be shared among multiple parties. This is known as comparative fault, where each party’s responsibility for the accident is measured. For example, if a truck driver was speeding and another driver made an illegal turn, both could share fault for the accident. In such cases, the amount of compensation each party receives may depend on their degree of fault.
Texas follows a modified comparative fault rule, meaning that a person can recover damages as long as they are less than 51 percent at fault. If someone is more than 50 percent at fault, they may not be able to receive any compensation. This rule applies to both truck drivers and other drivers, making it essential to understand how fault is determined in each accident.
Steps to Take After a Texas Truck Accident
After being involved in a truck accident, it is essential to take certain steps to protect your rights and ensure that the liable party is held responsible. First, seek medical attention immediately. Truck accidents often lead to serious injuries, and some symptoms may not appear until hours or even days after the accident. Getting a medical evaluation right away can help document your injuries, which may be important for your case.
Documenting the accident is also vital. If possible, take photos of the accident scene, the vehicles involved, and any visible injuries. Collect the contact information of any witnesses, as their statements can be useful in proving fault. If the police arrive at the scene, make sure to obtain a copy of the police report. This report can provide essential details about the accident and may include the officer’s opinion on who was at fault.
Contacting an attorney with experience in Texas truck accidents can be crucial, as these cases often involve multiple parties and complex liability issues. An attorney can help you understand your rights, gather evidence, and handle communications with insurance companies. Dealing with trucking companies and their insurers can be challenging, and having legal representation can improve your chances of a successful outcome.
Legal Representation for Texas Truck Accident Victims
For those involved in a Texas truck accident, finding the right legal representation can make a significant difference in the outcome of their case. Truck accident cases often involve detailed investigations, as liability may involve not only the driver but also the trucking company, manufacturers, and other parties. Legal representation ensures that your case is thoroughly examined, with all liable parties identified and held accountable for their actions.
An attorney can help negotiate with insurance companies, who may try to settle quickly and for less than what the case is worth. Having legal guidance can be essential for those who need compensation to cover medical bills, lost wages, and other damages related to the accident. Attorneys who are familiar with Texas truck accident laws can help you navigate the legal system, so you can focus on recovering from your injuries.
If you or a loved one has been involved in a truck accident in Texas, Chavez Law Firm is here to help. We understand the complexities of truck accident cases and are committed to helping our clients pursue justice and fair compensation. Our team will work to identify all responsible parties and build a strong case on your behalf. Don’t face this challenging time alone – reach out to Chavez Law Firm today to discuss your case and learn how we can support you through every step of the legal process.