Liability in an 18-wheeler accident can be complex and may include several parties, such as the truck driver, the trucking company, the parties loading the cargo, and the maintenance services. Texas law permits joint responsibility, and it is necessary to have strong evidence to establish liability.
An 18-wheeler accident is never a straightforward accident. Such accidents tend to result in serious injuries, devastating losses, and even death. The worst part of such accidents is that liability can be quite complex. Unlike in a car accident, liability in a truck accident can be attributed to several parties, each with its own insurance firm and attorney. If you are looking for a truck accident attorney in Texas, it is essential to learn about liability. By knowing who is liable, you can protect your claim to compensation and avoid being blamed by insurance firms. This article will help you understand multi-party liability in an 18-wheeler accident and what evidence is most important in presenting a strong truck accident claim.
Understanding Multi-Party Liability in Texas Truck Accidents
In Texas, the liability in an 18-wheeler accident is usually shared by several parties. This is because trucking is done by drivers, trucking companies, contractors, and suppliers of equipment. Each of these parties has a responsibility, and if they breach the rules, they can be held liable.
A commercial vehicle accident attorney will look at all aspects of the accident, not just what the truck driver did. This is important because trucking companies and insurance companies will try to downplay their part in the accident.
Understanding Texas's Comparative Fault System
Texas has a modified comparative fault system. This means that fault can be allocated, but your right to compensation is based on your percentage of fault.
Here is how it works in practice:
- You can collect compensation if you are 50 percent or less at fault.
- Your total recovery will be reduced by your percentage of fault.
- If you are more than 50 percent responsible, you cannot recover damages.
Key Parties Who May Be Liable After an 18 Wheeler Crash
To establish liability, the first step is to identify all the people who are involved in the running of the truck.
Truck Driver
- Speeding or aggressive driving
- Distracted driving, including use of phones
- Driving while fatigued
- Driving under the influence of drugs or alcohol
- Violating hours of service regulations
A semi truck wreck lawyer will examine the driver’s logs, data, and work history to identify infractions.
Trucking Company
The trucking company can be held liable even if the truck driver made the mistake. This is called vicarious liability. Trucking companies can also be held liable for:
- Employing unqualified drivers
- Not training drivers effectively
- Promoting unsafe schedules
- Ignoring safety violations
- Poor vehicle maintenance
Truck company negligence attorneys are highly concerned with company policies and internal documents.
Cargo Loading Company
Cargo that is not properly loaded or secured can lead to rollovers, jackknife accidents, and loss of control. The cargo companies can be held responsible for:
- Overloaded Trailers
- Unbalanced Loads
- Improper securement
Such cases may need a semi accident investigation lawyer with experience in cargo regulations.
Maintenance and Repair Providers
If defective braking, tire, or steering components were factors in the accident, the maintenance company or auto mechanic may also be liable. Documentation of missed inspections or poor repair work can be key evidence.
Truck or Parts Manufacturer
In some instances, there may be a problem with the parts. Brake problems, tire blowouts, or issues with the steering system can lead to product liability lawsuits.
Common Types of Evidence Used to Prove Fault
Truck accident cases are evidence-based. The earlier the evidence is preserved, the better the claim.
Key Evidence in Truck Crash Claims
- Police crash reports
- Driver logs and electronic logging device data
- Data from the black box in the truck
- Dash cam or surveillance video
- Maintenance and inspection records
- Cargo loading documentation
- Cell phone records
- Witness statements
- Accident reconstruction reports
A truck accident settlement attorney understands how to obtain this information before it is lost or destroyed.
The Role of Police Reports in Truck Accident Cases
Police reports are often the basis of a truck accident claim. The police record the following:
- First impressions of the scene
- Quotes from drivers and eyewitnesses
- Road and weather conditions
- Any citations issued
Though police reports are not necessarily conclusive findings of liability, they do have importance for insurers. A fatal truck accident attorney will carefully examine the report and find any inaccuracies that must be corrected.
How Witness Statements and Testimonies Can Impact Fault
Independent witnesses can greatly help in proving a case. They offer views that are unbiased by any monetary gain.
Witnesses may confirm:
- Speeding or improper lane changes
- Erratic driving behavior
- Failure to brake or yield
- Cargo spillage or equipment failure
Obtaining the contact information of witnesses is one of the most crucial things that must be done following a truck accident.
What Role Do Traffic Laws and Accident Reconstruction Play?
Traffic regulations establish the norm for safe driving. Traffic violations frequently directly indicate liability. These include:
- Speeding
- Following too closely
- Unsafe lane changes
- Failure to obey traffic signals
Accident reconstruction experts employ physical evidence and information to reconstruct the accident. The results of their work help to explain the accident and the liability of certain individuals. A big rig accident attorney may need the help of accident reconstruction experts.
Common Legal Terms in Truck Accident Cases
Learning some basic legal vocabulary can help you better understand what is happening in your case.
- Negligence: Failure to exercise reasonable care.
- Liability: Legal responsibility for damages.
- Comparative Fault: System that assigns percentages of fault.
- Vicarious liability: The doctrine that an employer is responsible for the acts of employees.
- Damages: Compensation for financial loss.
Mistakes to Avoid After an 18 Wheeler Crash
Small missteps can seriously harm your claim.
- Giving recorded statements without legal advice
- Accepting Early Settlement Offers
- Failure to seek medical attention
- Sharing details on social media platforms
- Waiting too long to contact a lawyer
A semi truck accident attorney near me can walk you through each step and ensure your rights are protected.
Pros and Cons of Handling a Truck Accident Claim Alone
Pros
- No attorney fees upfront
Cons
- The process is controlled by insurers
- Evidence can be lost
- Liability could be unfairly transferred
- Settlements are usually lower
In most cases, the victims who are injured will find that hiring a Texas truck accident law firm will help them achieve better results.
FAQs
Who can be held responsible in an 18-wheeler accident in Texas?
The responsibility could lie with the truck driver, trucking firm, cargo loader, maintenance service provider, or the manufacturer. A truck accident attorney in Texas can help in finding all the responsible parties.
How long do I have to file a truck accident claim in Texas?
In most cases, the claims for truck accidents have to be filed within two years, but evidence should be preserved immediately. It is important to consult a truck accident lawyer Arlington or Dallas as soon as possible.
What if the trucking company denies responsibility?
Denials are common. A commercial trucking accident attorney can fully investigate a claim and contest insurance company practices of avoiding payment on claims.
Schedule a Consultation With Our Experienced Truck Accident Lawyers
If you or a loved one has been hurt in an 18-wheeler accident, you do not have to go it alone against the trucking companies. Contact us today for a consultation with our experienced truck accident lawyers in Texas. We offer guidance, representation, and trusted legal assistance for truck accident cases in Dallas, Arlington, Waco, Tyler, Amarillo, and the entire state of Texas.
Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Reading this site does not create an attorney–client relationship. Past results do not guarantee future outcomes. Each case is unique and will be evaluated on its own facts and merits. “Unless otherwise indicated, attorneys are not certified by the Texas Board of Legal Specialization.”