Not everyone involved in a truck accident can necessarily be held liable in Texas. In certain instances, it may be a trucking company or maintenance crew instead of the driver.
While you are in shock after a severe truck crash, you automatically start thinking that the truck driver is the guilty party. Sometimes, that is true. However, things are not as clear-cut in many Texas truck accident cases. An accident with an 18 wheeler or semi-truck may be caused by many companies or even outside contractors. Knowing who is responsible is key to preserving your legal rights to recover financial compensation.
Why Truck Accident Cases Are Different From Regular Car Accident Claims
Trucking accidents are unlike any other. These claims require specialized expertise and knowledge. Truck accident cases usually involve multiple defendants, complex evidence, and serious injuries. In most cases, the trucking company hires lawyers and starts investigating right after the accident. That is why so many people search for ‘truck accident lawyer near me’ or ‘trucking accident attorney near me‘
Truck accident cases are different because they often involve:
- Federal commercial truck regulations
- Safety procedures adopted by the trucking company
- Driver’s logbook and hours of service data
- Records of truck maintenance and repairs
- Cargo loading procedure and records
- Large insurance policies
- Multiple defendants
An experienced truck accident lawyer in Texas can help determine who might be involved in your claim and collect all necessary evidence.
Who Can Be Sued in a Texas Truck Accident Case?
It is hard to predict precisely who should be sued until an attorney thoroughly reviews all facts surrounding the accident and identifies the causes of the crash. Several parties may be involved, including the truck driver, trucking company, cargo loader, maintenance contractor, and others.
The Truck Driver
The truck driver is often among the first people involved in the investigation. The driver can be sued for negligence if he/she violated traffic laws or drove unsafely at the moment of the accident.
Common examples include:
- Speeding
- Being distracted
- Driving while fatigued
- Unsafely changing lanes
- Driving under the influence of drugs or alcohol
- Following too closely
- Failing to yield
A semi-truck accident lawyer will review the driver’s actions carefully, including hours behind the wheel, training, and compliance with safety rules.
The Trucking Company
As a general rule, trucking companies are directly liable for all of their employees’ actions on the job. This principle can be used in truck accident cases to sue the employer along with its drivers. However, trucking companies themselves can also be sued in many cases.
Examples of trucking company negligence include:
- Employing untrained or unfit drivers
- Ignoring driver complaints and violation warnings
- Providing unreasonable delivery schedules
- Encouraging drivers to cut rest breaks
- Failing to maintain vehicles in good condition
That is why truck accident attorneys in Fort Worth or Dallas, Texas, often include trucking companies in lawsuits along with the drivers.
The Maintenance Crew or Repair Company
Many truck owners use maintenance services to perform scheduled and emergency repairs. The maintenance crew may be sued if there were defects or errors during inspections and repairs of the truck.
A maintenance company may be sued for:
- Poor brake repairs
- Missed safety inspections
- Failure to replace worn tires
- Improper repairs that created a dangerous condition
In this situation, a truck accident attorney in Texas can collect and analyze maintenance records and logs.
The Cargo Loader
The loading crew should ensure that the truck is loaded safely. If any of these steps fail, cargo may fall off the truck on the road and cause further injury.
A cargo loading company may be responsible for:
- Overloading or imbalance of cargo
- Using unsafe packaging or inadequate load size
- Failing to secure cargo in the truck
- Loading a trailer incorrectly and unsafely
A trucking accident lawyer in Texas will analyze these documents to prove liability.
The Truck Owner or Trailer Owner
Sometimes, a trucking company is not the same entity as the one who owns the vehicle or its trailers. This means the truck or trailer owner may also be held liable in truck accident cases if they failed to keep the truck in good condition.
The Manufacturer of a Defective Part
If an accident was caused by faulty parts, then a truck accident lawyer in Dallas or Fort Worth may sue manufacturers for their defective products.
An 18 wheeler accident lawyer may pursue a product liability claim alongside negligence claims when defective equipment played a role.
Understanding Texas's Comparative Fault System
According to comparative fault rules in Texas, you may be able to sue multiple parties at once, including yourself in some instances.
Here is how it works:
- If you are not more than 50 percent liable, you may be entitled to full proportion to your percentage of responsibility.
- However, you won’t be able to recover any money if you were 50 percent or more at fault in the incident.
For instance, if your total damages amount to $400,000 and you are 10 percent at fault, you will still receive $360,000.
Insurance companies often try to shift blame to the injured person. A truck accident lawyer texas can work to protect your rights..
Key Factors That Help Determine Who Should Be Sued
Before filing a case, an attorney has to identify what went wrong and who had a duty to prevent it.
Important questions include:
- Was the truck driver tired, distracted, or speeding?
- Did the trucking company ignore any federal or state rules of safety?
- Was the vehicle in good condition at the time of the accident?
- Was the cargo loaded safely?
- Was the truck operated with any defective equipment?
- Did multiple parties cause the accident?
A deep investigation is essential in truck accident cases. This is why you may see many search requests such as ‘truck accident lawyers near me’ right after an accident happens.
Common Types of Evidence Used to Prove Liability
Evidence is everything in a truck accident case. It helps show not only how the crash happened, but also who should be held responsible.
A semi truck accident lawyer or semi truck accident lawyers team may seek:
- Crash report from police
- Photos and video recordings of the accident
- Witness statements
- Dash cam footage
- Surveillance footage
- Black box recording
- Driver log book
- Data from electronic logging devices
- Inspection records
- Maintenance records
- Cargo records
- Load weight tickets
- Driver qualification records
- Results of drug tests and alcohol tests
- Cell phone records
The faster this evidence is preserved, the better. Trucking companies do not always hold onto records forever.
The Role of Police Reports in Truck Accident Cases
Police reports often provide the starting point for a claim. The officer may document:
- Road and weather conditions
- Positions of the vehicles at the accident spot
- Physical damage of the truck and car
- Witness statements
- Violations committed by one or both parties
- Fault conclusions
A police report may be helpful, but it is not a complete source of evidence in commercial truck accidents.
How Witness Statements and Testimonies Can Impact Liability
Some witnesses are completely independent, and therefore, they are trusted in many cases.
- They saw the truck drifting to another lane
- They saw a truck driver being distracted by phone calls or messages
- They saw a truck carrying hazardous cargo on the road
- They saw that the truck was speeding
- They saw that the truck hit the car without braking
Witness testimony can help confirm negligence and counter defense arguments from the trucking company.
What Role Do Traffic Laws and Accident Reconstruction Play?
Every car accident case involves violation of traffic laws, but commercial trucking has additional federal and state regulations. Violation of any of these requirements by a driver or a trucking company is often grounds for filing a personal injury claim.
Accident reconstruction experts may analyze:
- Examine skid marks left on the road
- Measure the position and damage of cars
- Analyze the data from the black box recorder
- Identify the point of impact
- Calculate the speed and movement of the vehicle
Their findings can help prove whether the driver, company, or another party caused the crash. A Dallas truck accident lawyer, Arlington truck accident lawyer, or Fort Worth truck accident lawyer may rely on this analysis in high damage cases.
What to Do After a Truck Accident
Every driver involved in a trucking accident in Texas should take some steps immediately.
Step-by-Step Checklist
- Immediately report the truck accident to police
- Seek immediate medical attention
- Photograph the accident spot and vehicles
- Gather contacts of any witnesses
- Do not talk to the trucking company’s insurers
- Save all medical records
- Talk to a semi truck accident lawyer immediately
These steps can protect both your health and your case.
Mistakes to Avoid After a Truck Crash
Even strong claims can be weakened by avoidable mistakes.
- Delaying seeking medical treatment
- Discussing the crash publicly via social networks
- Signing a settlement with trucking company’s insurers
- Filing a claim against the wrong parties only
- Failing to collect evidence
- Talking to insurance adjusters without legal advice
An expert dallas truck accident attorney can help you take appropriate actions and avoid unnecessary mistakes.
Common Legal Terms You May Hear
Commercial truck accident cases have special terminology. Some terms are confusing and scary to anyone injured in a crash.
- Negligence –violation of duty to act reasonably
- Liability – responsibility for someone else’s injury
- Damage recovery –receiving money as compensation
- Comparative fault –sharing responsibility based on percentages
- Preservation letter –asking to preserve all evidence
- Settlement – resolving the dispute out of court
FAQs
Can I sue both the truck driver and the trucking company?
Yes. The same party or several defendants can be sued for the accident depending on the specifics of the case.
Can a cargo loader be responsible for a truck crash?
Yes. The truck may be unbalanced or improperly packed and, therefore, cause an accident. This aspect needs to be analyzed by a semi truck accident lawyer in Texas.
When should I call a truck accident attorney near me?
A trucking accident lawyer in Dallas should be contacted immediately after the accident.
Schedule a Free Consultation With a Texas Truck Accident Lawyer
If you have been injured in a commercial truck accident, it is essential to remember that you may be able to file a claim against various parties. The Cain Firm may assist in your case and prove the defendant’s responsibility. Call now to schedule a free case evaluation!