Texas roads are busy, and it’s not uncommon to see massive 18-wheelers sharing the highway with everyday drivers. Unfortunately, when a truck crashes, the outcome can be devastating. Victims often suffer severe injuries, and their lives may never be the same. However, they can also hold the parties who caused the accident financially liable for what happened.
If you or a loved one was hurt in a truck accident in Texas, it’s important to understand how liability works in the state. Otherwise, you might struggle to get the full compensation you deserve.
Why Truck Accidents Are So Serious in Texas
Texas leads the nation in fatal truck crashes. With so many highways like I-35, I-10, and I-45 packed with commercial trucks, serious collisions happen all too often. These aren’t small fender benders. A loaded semi-truck can weigh up to 80,000 pounds. When something goes wrong, the results are often catastrophic, like broken bones, brain injuries, and worse.
Truck accident cases are usually more complicated than regular car wrecks. There are more people involved, more records to look through, and more rules to follow. That’s why it’s important for victims to understand who might be responsible and why it matters so much for your future.
Why Liability Matters in Truck Accident Cases
When someone causes a crash, they (or their insurance provider) are liable for the damage they’ve caused. That means they have to compensate victims financially for the harm they suffered because of the accident. This compensation should address their medical bills, lost income, and pain they’ve had to deal with. So, figuring out who’s to blame is key to any truck accident claim.
Parties That May Be Held Liable in a Truck Accident
Unlike a simple two-car crash, a truck accident may involve multiple people or companies who share fault. Some common parties identified in personal injury claims include:
Truck Drivers
Truck drivers are most immediately responsible for any negligence they commit while on the job. A negligent truck driver may speed, use their phone, drive while tired, or get behind the wheel after drinking. These actions can lead to a driver error truck accident, and they should be held responsible. In many cases, their driving records or electronic logs reveal a pattern of dangerous behavior.
Trucking Companies
Liability may also extend to the company that employs the driver, operates the route, or owns the truck. Trucking company liability can come into play if they didn’t properly train the driver, ignored safety rules, or pressured the driver to work longer hours than allowed. However, under Texas law, an injured party must prove that the driver was negligent before they can hold the company liable.
Cargo Loaders
A cargo loading error can cause a truck to tip over or spill its contents onto the road. Unbalanced or unsecured loads can make the truck nearly impossible to control in turns or emergency stops. If a third-party company loaded the cargo poorly, they could be held accountable.
Truck or Parts Manufacturers
Sometimes, a crash happens because something on the truck broke suddenly, like the brakes failing or tires exploding. In these cases, truck parts manufacturer fault may apply. However, it may take an in-depth investigation of the accident to determine why a component failed and who is responsible. Recalls or previous complaints about similar parts can strengthen a claim against the manufacturer.
Maintenance Crews
Trucks need regular maintenance to stay safe. If a third-party maintenance provider skipped important repairs or did a sloppy job, they may share the blame. Their service logs and inspection records often play a key role in proving liability.
Third-Party Logistics Companies
These companies help arrange shipments and truck routes. They could be to blame if they scheduled routes that violate hours-of-service laws or place unrealistic demands on the driver.
How Liability Is Determined
You can’t just say someone caused the crash. You have to prove it, and that takes work.
Your lawyer will employ investigators who may look at truck maintenance records, dash cams, and the “black box” on the truck that records speed and braking. They review driver logs to check if the trucker drove for longer than federal regulations allow. They might interview eyewitnesses who saw what happened or review security/traffic camera footage. They may even work with accident reconstruction experts who can synthesize this evidence into a clear picture of what happened.
Once the investigators complete their review, your attorney will take their findings to the parties they’ve determined are liable. Your lawyer will show what happened and why those parties are liable. If they or their insurers don’t make you a fair settlement offer to tend the case, your lawyer will file a lawsuit against them. If they still won’t settle, your lawyer will make their argument at trial and ask a judge or jury to find in your favor.
What You Should Know About Shared Fault in Texas
When it comes to truck crash responsibility, Texas follows a rule called modified comparative negligence. Here’s what it means: if you were partly at fault, you can still get money, but a court will reduce your compensation in proportion to that share. If you are more than 50 percent to blame, the court will not award you compensation at all.
For example, let’s say a court finds you 50 percent to blame for an accident that causes you $100,000 in damages. The court awards you $50,000 in compensation–$100,000 less your 50 percent share of fault. However, if the court found you 51 percent at fault, you wouldn’t be able to recover anything.
That’s why proving commercial vehicle accident fault is so important. It can affect every dollar you might get. An attorney can explain your rights and demand full and fair compensation for your losses and expenses.
Contact Our Texas Truck Accident Lawyer Today
If you or a loved one has been hurt in a truck accident, don’t try to prove liability on your own. These cases are tough, but you don’t have to face them alone. The right help can make all the difference in getting the money you need to recover and move forward. Call Gibson Hill Personal Injury today at 713-659-4000 to get started with a free consultation. Let us take on the fight while you focus on healing.