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 a Truck Crash Claim
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:
- Duty of Care. All players in the trucking industry, especially drivers, have a legal obligation that requires them to prevent foreseeable harm. Therefore, any action or inaction that is likely to cause harm to other road users may be dealt with beforehand. For example, truck drivers are prohibited from drunk driving, which is unsurprisingly among Texas’s leading causes of auto wrecks.
- Breach of Duty. A breach of duty occurs when someone fails to honor their duty of care by following traffic laws. Using the example above, a truck driver who operates a vehicle while drunk is deemed to have breached the duty of care. As the plaintiff, it is up to you to show how the breach occurred.
- Causation. To collect damages for your losses, you must prove causation. This links the defendant’s breach of duty and your injuries. You must show with a preponderance of the evidence how their failure to observe the duty of care and nothing else caused your injuries.
- Damages. You must show how the accident caused you harm. The losses may be economic or non-economic. It is crucial to establish the full extent of damages suffered to be fairly compensated.
Using the above elements of negligence, it becomes easier to establish liability in a Cypress commercial vehicle collision case.
For a free legal consultation, call (832) 449-8230
Who Can Be Held Responsible for a Truck Wreck?
Frequently, the following parties bear liability for Cypress semi-truck wrecks based on individual responsibility and actions:
Truck Drivers
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
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
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.
Truck Manufacturers
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.
Discuss Liability in Your Cypress Truck Accident Case with Our Attorneys
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.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
