Loaded commercial vehicles such as tanker trucks, flatbeds, tow trucks, and dump trucks usually weigh 24 times more than an average vehicle. When an accident occurs, the consequences are often devastating. Victims suffer life-changing injuries and significant property damage.
Determining liability in a La Porte truck accident is an important yet difficult step. Because many parties are involved, it could be difficult to pinpoint fault accurately, especially when handling the case alone.
Hiring a truck accident lawyer in La Porte is the best strategy for establishing liability and holding at-fault parties accountable.
How Fault Works in Truck Accident Cases
Determining liability in commercial vehicle accidents involves demonstrating the concept of negligence. This entails showing that another party owed you a duty of care. Further, you must show that the duty was breached. This means they failed to take reasonable measures to prevent foreseeable harm.
Next, it must be clearly shown that the breach of duty directly or proximately caused the accident. This link is referred to as causation. It seeks to prove that the accident or injuries suffered would not have happened but for the careless actions or inactions of the other party. Lastly, you must have suffered actual losses known as damages.
For a free legal consultation, call (713) 429-0711
Who May Be Sued?
Commercial vehicle accidents usually involve multiple parties. This means more than one party may bear liability. Depending on the circumstances of a crash, the following may bear the fault in a La Porte truck accident:
Truck Manufacturer
The original company responsible for designing and manufacturing a truck or its parts can also bear liability for product defects. Manufacturers are supposed to double-check and guarantee the safety of their products.
Defective parts or systems must be recalled before causing harm to others. A resourceful truck accident lawyer is an invaluable asset for accident reconstruction.
With help from mechanical engineers, they can explore available evidence to determine the quality of vehicle parts or systems and whether they contributed to the accident. Defective steering systems, tires, and brakes are a common basis for product liability claims.
Truck Driver
Truck drivers are liable for a commercial vehicle accident when their actions or inactions directly contribute to a crash. Factors such as drunk driving, road rage, speeding, distracted driving, and fatigue are major examples of driver negligence.
Even if the driver flees and is not apprehended, a seasoned legal professional can track down the trucking company or truck owner to pursue compensation. You could also file a claim with your insurance company if you have Personal Injury Protection (PIP) coverage.
Truck Owner
Some trucks are privately owned, which means the owner is directly responsible for driver hiring and vehicle maintenance. Negligence from reckless driving or failure to adhere to trucking laws as per the Federal Motor Carrier Safety Administration (FMCSA) is a valid reason to sue truck owners.
An experienced truck accident attorney will review the circumstances of a crash and the available evidence to support a claim against a truck owner.
Trucking Company
Employers of negligent drivers can also be sued for damages following a truck accident. Vicarious liability allows personal injury victims to sue the immediate employers of workers who cause accidents while on duty.
For example, if the truck driver’s inexperience contributed to a crash, trucking companies may be sued for failure to conduct proper screening and training.
Improper vehicle maintenance and failure to adhere to trucking regulations are other grounds on which trucking companies could bear liability in a La Porte truck accident.
Cargo Loaders
People in charge of loading cargo on trucks must be cautious to ensure the load is secured throughout transit. Improperly loaded goods may become loose and subsequently result in an accident.
One of the most common ways this leads to crashes is sudden shifts in the center of gravity, causing the truck to jackknife or flip on its side. Goods such as gasoline may slosh, resulting in spillages. In such instances, a skillful truck accident attorney can help you file a claim against cargo-loading companies.
Other Motorists
Other road users’ reckless actions may also contribute to a truck accident. For example, when a pedestrian carelessly crosses a road at an undesignated spot, a trucker may swerve to avoid hitting them.
Another scenario is when an aggressive driver acts in road rage against a trucker. In these scenarios, the fault may be on parties other than the driver or trucking company.
Choose the Right Attorney to Prove Liability in a La Porte Truck Accident
If you have been involved in a commercial vehicle accident anywhere in La Porte, you need experienced legal representation. An attorney is vital for establishing liability in a truck accident and interpreting trucking regulations and insurance policies.
Let a qualified La Porte truck accident attorney worry about the claim process as you continue with treatment and recovery. Call us today to get started.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
