Is the Truck Driver or the Trucking Company Liable in a Truck Accident?~3 min read
If you have been involved in an accident involving a truck or 18-wheeler, you will want to seek help from a law firm experienced in handling commercial truck liability cases. At Springer & Lyle, we have helped hundreds of people receive just compensation despite some of the issues involved with determining who is really at fault in a truck accident; the driver or the company itself.
To determine liability in a trucking accident, the law considers several different factors. One important factor is whether federal or state regulations governing the trucking industry are involved. For example, companies are limited on how many hours a day they can command their drivers to drive. If a driver has been ordered to exceed the regulations, it may be easier to show that the company is at least partially liable for the damages caused by the trucking accident. A driver can also violate these regulations, making it more clear the driver is responsible.
Truck Driver Liable in a Truck Accident
The truck driver can be held liable for damages caused in a truck accident. The driver may have been negligent in his or her operation of the vehicle, and that lack of care is the main cause of the damages. Another example is a driver operating a vehicle under the influence of drugs or alcohol and clearly being the one who caused the collision. Additionally, the driver may not have performed an adequate pre-trip inspection of his tractor or trailer and a mechanical failure contributed to causing the wreck.
Trucking Company Liable in a Truck Accident
The trucking company can also be held liable for damages in a trucking accident. The company may have violated the regulations governing the trucking industry. If the company is responsible for the upkeep of the vehicle, they may have been negligent in making sure the truck is road worthy. Additionally, the trucking company could be liable for not doing a proper background check on a driver that should not have been hired.
Other Liability in a Truck Accident
Other entities can potentially be liable in a truck accident. These include:
- The truck manufacturer if there is a manufacturing defect.
- The truck’s owner, if neither the driver nor trucking company own the vehicle.
- The company or persons responsible for loading the cargo onto the truck or trailer.
Can You Be Held Liable in a Truck Accident?
Under Texas law, you may be held partially responsible for the damages. In determining liability, Texas courts follow a comparative fault rule. This rule says that if you are more than 50% at fault in causing the wreck, you cannot recover anything. However, if you are less than 50% at fault, you can recover the percentage of fault attributed to the negligent trucking company or driver.
Top Texas Law Firm Handling Truck Accident Cases
The personal injury attorneys at Springer & Lyle can help you collect the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, impairment and other physical damage. Contact us at 940-387-0404 for a free consultation.
