Accidents involving commercial trucks often result in serious injuries and damages, leaving behind tremendous financial, physical, and emotional burdens not only on the victim but also their loved ones.
In what is good news to many accident victims, the law allows them to obtain monetary compensation for their damages from the party or persons at fault. This guarantees them justice and financial stability, more so if the injuries leave them physically incapacitated to go about their normal duties.
As expected, compensation for damages suffered is never awarded on a silver platter. The injured party must prove, by a preponderance of the evidence, that another party was responsible for the accident that caused them harm.
Proving liability can be difficult, especially when the plaintiff is working on his or her case alone. Insurance companies are well-resourced to deny liability, and facing them on your own will only make the situation worse for you.
To avoid such disappointments, you should consider hiring a truck accident lawyer in League City.
Determining Liability in Your Truck Accident Lawsuit
Every accident is unique in its own way, but the elements of liability are typically the same. The plaintiff must show, with proof, that the defendant breached his or her duty of care, causing the plaintiff harm.
To effectively demonstrate negligence and liability, your League City truck accident attorney may compile evidence from the accident scene, such as traffic footage, police reports, and medical records. The attorney can also interview witnesses to help substantiate your claims.
Determining liability in a League City truck accident case requires an in-depth understanding of how the crash occurred. And while some accidents are truly beyond human control, many truck accidents are caused by human error. Based on what caused your crash, your attorney may file a claim against all or any of the following parties:
For a free legal consultation, call (713) 429-0711
Truck Driver
There are numerous federal and state regulations that govern the trucking industry in League City. To be precise, the Federal Motor Carrier Safety Administration sets out strict instructions on how commercial truck drivers should behave.
If a truck driver violates these rules by driving carelessly or for long hours and ends up causing injuries to others, he or she may be held liable for the crash.
Trucking Companies
Like drivers, trucking companies have a duty of care towards other motorists and road users. These companies must provide their employees with favorable working conditions, and should never compel them to work long schedules without breaks.
They must also hire competent drivers while ensuring that their fleets are regularly serviced. A seasoned League City truck accident lawyer can pursue a claim against such trucking companies.
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Truck Manufacturers
If a defective part is established to be the cause of the crash where you were injured, truck manufacturers can be held liable for the accident.
Depending on the type of truck defect, the manufacturer can be held partially or fully at fault. Distributors of the same products may also find themselves on the receiving end for failing to observe safety standards when purchasing and selling these parts.
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Truck Loading Companies
Improper cargo loading accounts for a huge chunk of truck accidents in League City. Improperly loaded cargo can contribute to tire blowouts, brake strain, and loss of vehicle control. If investigations by the police or your attorney point out this as the cause of the crash in which you were injured, cargo loading companies may be held liable for damages suffered.
Truck Owners
If a truck is not owned by a trucking company, you may file a claim against the truck owner. Normally, truck owners are expected to meet the same legal requirements as trucking companies in ensuring that their fleets are operated safely. Contact information of the truck owner may be collected at the scene of the crash by documenting the truck’s insurance coverage.
State/Local Governments
In some rare cases, government entities may face liability claims. Negligence from a government employee operating a fire engine or garbage truck can result in a claim.
State governments are also responsible for the maintenance of public roads, making them liable for accidents caused by poorly designed roads.
Get Help Determining Liability Following a League City Truck Accident
If you or a loved one was injured in a truck accident in League City, you don’t need to worry yourself when it comes to determining liability. Our attorneys understand how vicarious liability works and can help you pursue compensation. Call us today.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
