Truck Wrecks

A Texas Truck Accident Lawyer Explains Who is Liable

By July 22, 2020 No Comments
truck accident lawyer in Texas

What You Should Know about Truck Accidents in Texas

Commercial trucks outweigh passenger vehicles by a lot.  Just looking at them you can figure that out.  Because of this, when an accident involves a truck, property damage, injuries, and deaths are greater than when two passenger vehicles collide.  It also means that truck drivers and trucking companies have greater responsibility when they’re on the road.  Today, your Texas truck accident lawyer breaks it down as to where liability may lie if you have been involved in one of these accidents.

Remember, Herbert and Eberstein are here to help you.  If you’re wondering whether you need a truck accident attorney or not, just give us a call at 214-414-3808 and let’s talk about it.

Liability for the Accident May Lie with These Parties

Assuming that you’re not at fault for the accident, there are other parties that may be liable for the accident.  Because it’s not as straightforward as a passenger vehicle accident, you want to make sure you have an attorney on your side to help sort things out.

The Truck Driver May be at Fault

The actual driver may be at fault, or partially at fault when it is determined that he or she was driving recklessly.  This isn’t to say that they were blatantly driving with abandon; instead driving recklessly can take on many forms including:

  • Driving under the influence
  • Driving while tired
  • Distracted driving
  • Knowingly violating traffic laws

When it has been determined that one, or more, of these led to the accident, the driver may end up bearing part of the blame for the wreck.

The Trucking Company May be at Fault

Generally speaking the liability will often fall back onto the company.  For instance, if you’re working at a retail store, and you don’t put down a wet floor sign, the company you work for takes the blame.  Often the same goes for trucking companies that can be guilty of negligence if they:

  • Don’t train their drivers properly
  • Fail to monitor the employee
  • Requiring driving hours that exceed regulations
  • Fail to conduct drug tests
  • Fail to properly screen applicants in a background check

Just like other jobs, ensuring public safety is the responsibility of the trucking company.  If you’re involved in a truck accident, and you don’t have the help of a truck accident lawyer, would you be able to review everything to ensure the employee was monitored properly?

The Truck Manufacturer May be at Fault

Maintaining the truck is the responsibility of the driver and the employer.  But there are times when a part of the truck was designed poorly and subsequently defective.  We saw a lot of it in the Takata airbag lawsuits from a few years ago.  Defective parts can include:

  • Tires
  • Brakes
  • Axles
  • Steering components

Essentially, if the truck part that was used is defective, and it caused a wreck, the auto part manufacturer could be held at least partially liable.

The Loading Crew May be at Fault

The driver is responsible to ensure his or her cargo is properly loaded, but the cargo itself is generally loaded by a third party.  If the cargo is not properly secured, it can shift during transit, or fall off the truck completely.  Shifting cargo can cause the driver to lose control; lost cargo can cause accidents on the highway due to the obstacles.

The third party loading crew can be found to be partially liable if improper equipment is used, bad loading techniques are employed, or the cargo otherwise causes the accident.

Reach out to Zach Herbert Truck Accident Lawyer in Texas

Zach Herbert has an extensive record of helping accident victims.  With all of the different parties involved in a truck accident, it can be difficult (or impossible) to determine exactly where the fault and liability lands… unless you have the experience and knowledge that Zach has.

For your no obligation consultation, give us a call at 214-414-3808 and let’s chat about it.  Of course, if you prefer to write it out, you can visit the contact us page and shoot us an email.

Addresses

1202 E Arapaho Rd suite 140,
Richardson, TX 75081
Phone: (214) 414-3808
Fax: (214) 602-7156

101 Park Avenue Suite 1300,
Oklahoma City, OK 73102
Phone: (405) 256-8815
Fax: (214) 602-7156