Understanding Truck Accident Lawsuits in Texas
In the emotional time after an accident, the complex nature of a truck accident case is confusing for victims, especially if they are dealing with severe injuries. Our experienced Texas truck accident lawyers will fight to get you and your family maximum compensation for your medical bills, lost wages, and more.
At Liggett Law Group, our attorneys have more than 25 years of experience assisting injury victims and their families and we have secured multi-million-dollar verdicts and settlements for our clients.
Determining Fault in a Truck Accident
Truck accident cases are complicated because multiple parties may be at fault. Potential defendants in a truck accident lawsuit can include:
- The truck driver
- A trucking company
- The truck owner
- A vehicle service company
- The company that loaded the cargo for transport
- Another third party
Truck Manufacturers
One of the most important factors in winning a truck accident lawsuit in Texas is a strong investigation of the motor vehicle accident as soon as possible. Our attorneys are skilled in investigating the most complicated accidents, from tractor trailer accidents or delivery truck accident.
Building a Strong Truck Accident Case
Our personal injury attorneys act quickly and have the resources, experience and skills to make sure the evidence supporting your case is properly collected, preserved, and assessed. Black boxes are typically known for their importance in airplane investigations, but our lawyers know that many big rigs are fitted with similar devices. They record information about the truck’s recent activity that can be critical in an accident investigation, from sudden braking to gear shifting and sudden changes in velocity.
If the truck was outfitted with a GPS device, we can reconstruct the vehicle’s location at any given time and use that information to determine its rate of speed. This is extremely useful in determining whether speed was a contributing factor in the crash
Common Causes of Truck Accidents
In our experience, one of the primary causes of 18-wheeler accidents is truck driver error. Driver negligence can come in many forms, the most common of which include:
- Speeding
- Driving aggressively
- Failing to yield the right of way
- Failing to signal when turning or making lane changes
- Driving while fatigued
- Driving under the influence of drugs or alcohol
- Driving while distracted (including talking or texting on a cell phone)
- Failing to adhere to traffic laws
- Braking suddenly
- Failing to secure loads properly
- Failing to attach the trailer properly
- Overloading the truck
- Failing to keep the truck maintained
Truckers are often paid based on how many loads they deliver. Completing routes faster means more money, which can be an incentive to speed and engage in other aggressive driving measures.
Addiction to controlled substances is another common issue for commercial drivers. Overloading on caffeine, drinking while driving, and the use of prescription, over-the-counter, and illegal drugs can help a truck driver work longer and faster or just break up the boredom and loneliness of the road. Substance abuse can slow a driver’s reaction time, diminished reflexes, and alter perception while driving.
Fatigue can have similar effects when a truck driver is behind the wheel. Although, truck drivers and trucking companies are required to follow strict state and federal regulations set out by agencies such as the Federal Motor Carrier Safety Administration (FMCSA) for the maximum amount of time drivers can operate a big rig, it’s not uncommon for companies to encourage drivers to push these limits to maximize profits, or for the drivers themselves to do so to increase their pay.
Trucking Companies
It is a trucking company’s obligation to perform a thorough employment screening before hiring a driver. Background checks should be conducted and certification and training should be checked.
The companies that employ truck drivers are also responsible for creating and maintaining a culture of safety. When companies put profit margins ahead of safety and place unreasonable demands for productivity on their drivers, it puts others on the road at risk.
These companies must ensure their drivers are operating within the state and federal regulations that govern the trucking industry, including time behind the wheel and the type and size of a cargo load. Pushing drivers to “doctor” their logbooks to haul more loads or encouraging overloaded hauls is sadly not an uncommon practice.
Not having proper inspection and maintenance protocols for these massive vehicles can also have deadly results. A trucking company can and should be found negligent when its practices lead to injury and wrongful death.
Truck Owner
In some cases, the company that employs the driver also owns the rig. This is not always the case, though. There may be two different owners – one for the truck’s cab and one for the trailer.
The party that owns the truck, in part or whole, has a responsibility to ensure it is properly inspected and maintained. If those duties aren’t fulfilled, then the truck owner may also be held liable in a truck accident claim.
Third-Party
In some truck accidents, it is not driver error or company negligence that caused the accident, but defective machinery or hazardous roadways. Other times, truck accidents are caused by other drivers.
While a thorough investigation is a key to a successful truck accident injury claim, it’s not the only important factor. To be successful, a truck accident attorney must be able to successfully negotiate on behalf of their client and be willing to go to court if necessary.
There are a number of key differences in truck accidents claims that make them different from car accident claims. The largest difference is that truck accidents often leave victims with large medical bills, long-term physical and emotional trauma, and an inability to return to work. Accidents involving a commercial vehicle such as a big rig, or 18-wheeler more often result in expensive property damage, serious injuries such as brain injuries, and even fatalities.