The Liability Chain in Truck Accident Cases

If car accidents are scary, then truck accidents are downright terrifying. The massive size of these vehicles has the potential for more destruction in a crash. As such, victims of truck accidents are often left with life-altering physical and emotional injuries.

Along with the pain these injuries bring, they come with huge financial impacts. When you are hurt in a truck accident, you will want to find out who is liable for these damages. However, it may go far beyond the driver of the truck and extend to other liable parties.

What Parties Could Be Potentially Liable for a Truck Accident?

Texas follows an at-fault system that assigns the blame to whoever caused the accident. However, in a truck accident, there may be more than one at-fault party that can be held responsible for the expenses you've incurred from this crash.

Truck drivers are often held liable in these situations, especially if their actions or inactions were the main cause of the accident. After an investigation, it may be revealed that the trucking company shares some of the blame. Perhaps the trucking company pushed the driver to disregard the rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA).

The trucking company may also have neglected to properly maintain its fleet of vehicles, leaving them vulnerable to faulty brakes or tires. If the truck is new or the parts were recently replaced, the manufacturer of the truck itself or the parts may also be named as a liable party in a truck accident case.

Truck accidents are complex, and these investigations can further reveal that a third party that loaded the truck may be responsible. Trucks cannot exceed a certain weight, and even if that weight requirement isn't breached, loading the cargo properly prevents it from causing a hazard on the road.

In short, there are many parties that could share liability in a truck accident.

How Liability Is Determined in a Truck Accident Investigation

Truck accidents will require serious investigation to determine all responsible parties. The police or state troopers will investigate, as will the trucking company and its insurance carrier. This is how things become more complicated as the insurance companies will look for loopholes in these findings to reduce payout or deny it altogether for accident victims.

With the help of an attorney, you will have someone who will present evidence that supports your claim and proves the other involved parties were negligent.

Since negligence plays such a crucial role in determining liability, there are defining factors that you will need to show are present in your case. As you are likely trying to heal from your injuries or adjust to new conditions in your life, having an attorney is ideal.

You must show there was a legal duty of care, which may be the easiest part of proving negligence in a truck accident. Technically, all drivers on the road, including truck drivers, owe others on the road a duty to drive safely and follow the law.

It gets more complicated to prove the duty of care was breached by acting negligently. It must also be shown that this breach caused the accident, your injuries, and your damages.

The more parties involved, the more complex it gets to show that they were negligent. There may be evidence that the truck driver was texting while driving, that the trucking company didn't maintain the truck, or that a third party at the warehouse improperly loaded or failed to secure the cargo.

Ultimately, your attorney will investigate and examine all evidence and advocate for fair compensation for your damages.