If you have been severely injured in a truck accident, you already know that seeking medical evaluation and treatment should be the first thing to do. Before you even think of pursuing compensation, you must, first of all, guarantee your safety. By doing so, you get to lay the ground for a personal injury case using the evidence you collect along the way. For example, you cannot sue for medical expenses if you never sought treatment.
Once your journey toward recovery begins, you should think about your legal options. If someone else was to blame for the truck accident, you have a better chance of collecting damages for your injuries and losses. However, the compensation process is not an event but rather a process. A lot goes into preparing a solid case and getting a positive outcome. One of the most contentious issues in personal injury law is fault. If you cannot prove liability in a Cypress truck accident case, you are likely not to be compensated. Reach out to our skilled truck crash attorneys for guidance.
Establishing liability in any personal injury claim is usually based on the concept of negligence. The failure to act responsibly to prevent foreseeable harm is often viewed as negligence. Basically, you must prove that the other party was 50% or more at fault for your injuries. The contributory negligence theory requires plaintiffs to be 49% or below at fault to qualify for compensation. The elements of negligence that come into play when establishing liability in a Cypress truck accident case are:
Using the above elements of negligence, it becomes easier to establish liability in a Cypress commercial vehicle collision case.
Frequently, the following parties bear liability for Cypress semi-truck wrecks based on individual responsibility and actions:
Negligent driving is rampant on Texas roads. Truck drivers may bear liability if their actions or inactions contribute to an accident. Speeding, failure to yield, aggressive driving, drunk driving, and unsafe lane changes may constitute a civil lawsuit against them.
Truck owners are responsible for ensuring their fleet is well maintained and regularly serviced. They must also employ well-trained drivers. If an attorney finds reasons to hold them accountable for negligence, they may be sued for compensation.
Trucking companies are responsible for the daily operations of their trucks and employees. Because most trucks ferry goods over long distances, truck drivers are under strict working schedules that make them prone to disorientation. This includes driver fatigue. Trucking companies may bear fault through the vicarious liability theory.
A truck manufacturer may be sued if poor vehicle design or defective parts lead to a crash. Such cases fall under product liability. They may be blamed for malfunctions such as brake system failure, tire blowouts, faulty steering, and trailer hitches. A seasoned attorney may work with accident reconstruction experts and engineers to establish fault on these parties.
The team at Lone Star Injury Attorneys has extensive knowledge of trucking laws and regulations and how they affect liability in a Cypress truck accident case. We also have the resources to win record-breaking settlements against parties at fault for these accidents. For a free case evaluation, speak with our attorneys today.