If you or your loved one was involved in a serious truck accident, you may be eligible for compensation. However, the only way you can collect damages for your losses is to establish liability. Reaching a beneficial outcome may be an uphill task without proving that someone else was to blame for the accident and your injuries.
At Lone Star Injury Attorneys, we pride ourselves in helping victims of accidents caused by negligence get the justice they are entitled to. We understand how stressful making a solid case can be, especially when you don’t know what to do. For this reason, we step in to help you gather the facts and data of your case and use them to establish liability. By choosing us, you choose the winning team. Call to learn more about proving liability in a Brownsville truck accident.
Theories Used to Determine Liability in a Truck Accident Case
Since many parties are involved in the trucking industry, establishing fault is usually challenging. Different laws and regulations are also applied, worsening the already dire situation. The attorneys at our firm are qualified and experienced since we handle these cases regularly. Basically, four theories establish liability in Brownsville truck accident cases. They are:
Vicarious Liability Theory
Also referred to as secondary liability, vicarious liability is typically used to hold employers and trucking companies responsible for accidents caused by truck drivers. For this theory to apply, the employer must have been directly involved in the driver’s conduct in the moments leading to the accident. For example, suppose the truck driver was speeding to beat the tight schedules and deadlines set by trucking companies. In that case, their employer may be held vicariously responsible for the damages that follow. However, you must show whether the employer would have mitigated the crash in any way, such as setting reasonable deadlines or ensuring the driver was well-trained.
Driver Negligence Theory
While all drivers on Texas roads are required to adhere to state and federal traffic rules, truck drivers have a higher responsibility of ensuring that they follow the regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These guidelines are specifically designed to promote trucking safety due to these vehicles’ colossal size and weight. The driver negligence theory applies if a truck driver violates these rules by drunk driving, speeding, aggressive driving, distracted driving, unsafe lane changes, and driver fatigue.
Product Liability Theory
This theory is used to establish fault on the part of manufacturers and distributors whose defective products result in an accident. For example, worn-out tires, faulty braking, and steering systems are common defects that cause liability for truck accidents in Brownsville. Failure by manufacturing companies to guarantee the safety of their products sets them up for lawsuits in case an accident occurs. Pursuing compensation from these companies requires aggressive legal representation that only our team can offer.
For a free legal consultation, call (832) 449-8230
Proving Liability in a Brownsville Truck Accident Case
A variety of factors must be reviewed after a truck accident to determine the cause of the crash and whether someone may have been to blame. This includes having investigators from the local police department visit the scene to get to the root cause of the crash. Police reports are crucial in establishing the cause of the accident and pointing out parties that may have been at fault. However, you should not just rely on them to prove liability in a Brownsville truck accident case.
Another way that liability may be established is through eyewitness testimonials. Having been at the scene during the crash, they can explain the moments leading to the crash and whether the truck driver or any other party was negligent. For example, distracted driving is prohibited, so liability may fall on them if the driver was using their cell phone. Also, experts such as highway engineers and accident reconstructionists may be called upon to use the data available to simulate the accident and determine fault. Because liability is the basis of personal injury cases, you should let a skilled Brownsville truck accident attorney spearhead the entire process.
Contact Our Brownsville Truck Accident Attorneys for Help Establishing Liability
Truck accidents can be devastating, and establishing fault in an industry with many parties can be daunting. You don’t need to stress yourself when our dedicated attorneys are here to ease your burden. To the merit of your truck accident case, don’t hesitate to speak with us today. You can set up a free case evaluation by filling out our online contact form or calling our offices to get help with proving liability in a Brownsville truck accident.
Call or text (832) 449-8230 or complete a Free Case Evaluation form