Who Decides Who Is Liable After a Truck Accident?

After being involved in a truck accident where you sustained personal injuries, it is easy to blame the truck driver for the accident. However, the truck driver is not always to blame, and there could be other mitigating circumstances of which you are not immediately aware. To ensure you get compensation from the responsible party, it is highly recommended to consult with an experienced truck accident lawyer as soon as possible.

Deciding liability in Texas begins with using the modified comparative negligence rule. This rule states each person involved in the accident can be assigned a percentage of responsibility. As long as you were 49% or less at fault, then you still have grounds to seek damages from the other party.

The other parties you could seek damages from after a truck accident might include:

• The Truck Driver: If it can be established that the truck driver was not operating the truck how he or she should have, like speeding or weaving between lanes, then the truck driver could be held responsible. In addition, if the trucker is found to be under the influence, it could make him or her liable. Other reasons a driver might be held liable could include texting, drowsy/distracted driving, or exceeding the daily number of hours one can legally drive.
• The Owner of the Truck: Some truckers are contracted by the owner to drive for them. If owners failed to keep up with maintenance on trucks, they could be liable if a maintenance issue was the reason for an accident.
• The Trucking Company: Just like truck owners, trucking companies can be held liable for not maintaining the trucks. Additionally, trucking companies could be liable if they required drivers to drive longer than allowed by law.
• The Truck Manufacturer/Parts Manufacturer: If the cause of the accident was due to faulty parts and components, the truck manufacturer or parts manufacturer could be liable. For instance, the manufacturer might have sold defective brake lines that broke easily and caused the truck’s brakes to stop working.
• The Truck Maintenance Shop: If the truck is maintained by a third-party shop, the shop could be held responsible if it did not repair and maintain the truck correctly.
• The Cargo Loader: If someone else loaded the truck, that person could be held responsible if the cargo was not loaded correctly. This could include connecting the trailer to the truck if the loader performed this operation and the trailer came loose from the truck and caused the accident.

In some cases, more than one party may be liable for your personal injuries and the truck accident. For instance, the truck manufacturer might have built the truck using defective parts and components. The truck owner or trucking company might have failed to perform regular maintenance that would have identified the defective parts and components. Since both parties failed to take action to resolve the problem, they both could be liable for the accident.

As you can see, determining who is liable in a truck accident lawsuit claim can be a complex process. When you retain the services of a Houston truck accident lawyer at Schechter, McElwee, Shaffer & Harris, L.L.P., we will examine every detail of the events to determine who the appropriate party is to sue for your personal injuries.

To arrange a free consultation and ensure you get the best insurance settlement possible, please feel free to contact us at 713.574.5089 today!