Trucking companies are sometimes at fault for accidents. For example, they could be to blame if they pressured a truck driver to violate regulations, neglected to perform background checks or drug tests, or didn’t maintain their fleet. In such situations, you could have grounds to sue the company.
Pursuing a truck accident lawsuit is a difficult and confusing process, especially because of a new Texas law that affects when a trucking company can be held liable for a crash. An experienced Texas truck accident lawyer can handle every aspect of your case and work to maximize your compensation.
In What Ways May the Trucking Company Be Responsible for the Accident?
While the truck driver often bears primary responsibility for a truck accident, the trucking company might share liability in several scenarios, such as those involving:
- Negligent hiring – Trucking companies must thoroughly vet commercial drivers before allowing them behind the wheel. Failure to check driving records, qualifications, or references could leave the company liable if an unfit driver causes an accident.
- Inadequate training – Truck drivers must complete extensive training to obtain commercial driver’s licenses (CDLs). If a company fails to provide proper instruction or training to a driver, it could bear responsibility for any resulting crashes.
- Encouraging violations – Trucking companies sometimes pressure drivers to exceed federal drive time limits or drive in unsafe conditions to meet delivery deadlines. If evidence shows such coercion occurred, the company could face liability.
- Poor truck maintenance – Companies have a legal duty to keep their trucks mechanically sound and in safe condition. Bad brakes, bald tires, broken lights, or other maintenance issues contributing to crashes could be evidence of negligence.
- Overloading cargo – Loading too much cargo or failing to distribute weight appropriately can make trucks dangerously unbalanced and hard to control. A trucking company could bear liability if it was responsible for improper loading that contributed to an accident.
Can There Be Parties Other Than the Trucking Company At Fault?
Many parties might bear liability for your truck accident injuries. In addition to the trucking company, at-fault parties might include:
- The truck driver – Driver negligence is one of the most common causes of truck accidents. For example, if the driver was distracted by their phone, intoxicated, or fatigued, a Texas truck accident attorney can hold them accountable.
- Vehicle parts manufacturers – A manufacturer or designer could bear liability if a faulty vehicle component contributed to the accident.
- Mechanics – A truck accident victim could hold an auto repair shop accountable if it failed to diagnose or fix a problem with the vehicle.
- Cargo loaders – Unsecured or unbalanced cargo can make a truck more challenging to handle, increasing the risk of accidents. If poor cargo loading contributed to the crash, the team or company that loaded the cargo might be at fault.
How Do I Prove Who Is Liable for My Texas Truck Accident?
Proving liability in a truck accident lawsuit can be challenging, especially because Texas passed a law requiring victims to establish the driver’s liability before they can also hold the company liable. As such, you will need to gather substantial and compelling evidence about the crash and its causes. A skilled semi-truck accident lawyer can conduct a thorough and independent investigation into the collision by:
- Reviewing photographic and video evidence
- Accessing the driver’s hours-of-service logbooks
- Evaluating information from on-board data collection systems
- Assessing the trucking company’s hiring, training, testing, and performance history
- Working with accident reconstruction specialists and medical experts
How Frequently Do Truck Accidents Happen in Texas?
Truck accidents are far more common in Texas than many people realize. In one recent year, the Lone Star State saw nearly 40,000 accidents involving commercial vehicles. Tragically, over 700 people lost their lives in these crashes.
What Are Some Common Causes of Texas Trucking Accidents?
Truck accident investigations often reveal one or more contributing factors that involve negligence by the truck driver or the trucking company. Some common causes of trucking accidents in Texas include:
- Speeding – Trucks require greater stopping distances than passenger vehicles. Speeding compromises critical reaction times while increasing impact forces.
- Distracted driving – Actions like texting, programming navigation devices, eating, or adjusting the radio take attention from the road and increase accident risk.
- Fatigued driving – Drowsy drivers have delayed reaction times and compromised decision-making abilities. Some trucking companies pressure drivers to skip federally mandated rest periods, increasing the risk of drowsy driving accidents.
- Impaired driving – Alcohol or drug use slows reflexes critical for operating large vehicles.
- Improper turning – Wide turning radiuses make intersections and highway exits danger zones for trucks. Insufficient driver training or inattention can cause loss-of-control crashes.
- Lane change errors – With massive blind spots around trucks, improper lane changing or merging without caution can lead to deadly sideswipe or underride collisions.
What Compensation Is Available in a Texas Truck Accident Lawsuit?
The compensation you receive after a truck accident will depend on factors such as the nature of your injuries and the length of your recovery period. You could be entitled to compensation for:
- Medical expenses, including ambulance rides, ER visits, diagnostic scans, surgeries, physical therapy, medical devices, and medications
- Lost income and benefits, including sick leave and paid time off, due to missed time at work
- Reduced earning capacity if your injuries prevent you from returning to your previous job
- Transportation and accommodation if you must travel to receive treatment
- Physical and psychological pain and suffering
- Loss of enjoyment of life
A knowledgeable Texas truck accident attorney can calculate the full value of your losses to determine how much you could be eligible to pursue.
Does Texas Have a Time Limit for Filing a Truck Accident Lawsuit?
Texas law requires you to initiate legal action within two years of the truck accident date. If you fail to meet this deadline, you could lose your right to recover the compensation you deserve. An experienced attorney can file everything on time and keep your case on track.
Contact a Texas Truck Accident Lawyer
Suffering injuries in a trucking accident can turn your life upside-down in an instant. If someone else is at fault for the crash, you deserve an opportunity to hold them accountable. The skilled Texas truck accident attorneys at The Wilhite Law Firm have decades of combined experience helping injured individuals secure the compensation they need. We are ready to help you, too.
Contact us today for a free consultation to learn more about your legal options.
