Hundreds of commercial vehicles flood Texas streets and highways daily as they cover millions of miles to deliver goods. Although these vehicles play a critical role in the safe and seamless movement of goods from one region to another, they can also be dangerous.
Semi-trucks, tankers, and other types of commercial vehicles are a unique hazard to motorists and the general public due to their sheer size and weight. The types of goods they carry also increase the risks of causing life-changing injuries or fatalities.
Because it is no surprise that accidents involving commercial trucks occur every year across Texas, it is essential that you understand the legal implications of getting hurt in a truck accident.
Generally speaking, the ensuing legal action following a truck accident will primarily center on determining fault. Therefore, understanding how liability works in a Santa Fe truck accident is vital for safeguarding your interests and rights, especially when seeking compensation for losses.
Our firm’s truck accident lawyers in Santa Fe have what it takes to investigate your accident and determine the parties likely to bear liability. Schedule a free consultation today.
How Fault Is Determined in Truck Accidents
Fault in any personal injury case involving an auto wreck is determined based on negligence. It is your duty as the plaintiff to provide proof showing how and why another party should be held responsible for your injuries and losses. The concept of negligence involves
Duty of Care
Everyone driving on the road is legally obligated to observe standard care and all necessary precautions to prevent foreseeable harm from happening.
This is referred to as the duty of care. For example, truck drivers must observe traffic laws such as maintaining speed limits and yielding.
Breach of Duty
When the duty of care is not observed, and foreseeable harm occurs, this is referred to as a breach of duty. As mentioned earlier, everyone must ensure the safety of another party or person by doing everything reasonable to avert an accident.
Any action or inaction that results in an accident may constitute a breach of duty if it violates the expected standard of care.
Causation
Causation, generally speaking, is the direct link between a breach of duty and someone’s harm. This element of negligence seeks to tie another party’s failure to observe standard care to the injuries and losses suffered by another.
It is a critical element that must be proven to determine liability in a Santa Fe truck accident accurately. Eyewitness statements, police reports, medical reports, and surveillance footage can be used to show causation.
Damages
Damages refer to the losses the plaintiff suffers following an accident or injury. They may represent tangible losses such as medical expenses, lost wages, lost future earnings, and funeral costs, among others.
On the other hand, intangible losses cover emotional trauma, physical pain and suffering, loss of consortium, and loss of companionship.
Who Can I Sue for My Losses?
Once negligence has been established, it becomes much easier to identify the parties to sue for your losses. As a fault state, Texas personal injury laws require that all parties share financial liability depending on their percentages of fault.
This means that more than one party may be sued in a truck accident case. Some of these parties include:
- Truck driver for reckless driving practices
- Truck manufacturer for defective parts and systems
- Truck owner for negligently hiring or supervising the driver
- State agencies for improper road maintenance
- Construction companies for unsafe road designs
- Other motorists for careless driving
Liability in truck accidents is a critical issue that needs the expertise of a seasoned attorney specializing in commercial vehicle accidents. With their help, you will discover the parties at fault and establish the party’s contribution or percentage of the fault.
I Was Partially at Fault. Am I Eligible for Compensation?
Yes. You may still qualify for compensation in a personal injury case even if you were partially at fault. However, there is a catch. Your degree of fault must be 49% or below.
The comparative negligence rule allows liability to be shared among the parties involved in a truck accident based on their levels of contribution to the crash.
A seasoned truck accident attorney in Santa Fe can assist in establishing how each party was involved in the accident and the percentage of fault to be apportioned.
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Speak With Our Truck Accident Lawyers in Santa Fe Today
Do not let insurance companies or the at-fault parties scare you from pursuing your rightful justice. Our aggressive truck accident attorneys can help determine liability in a Santa Fe truck accident and hold the responsible parties or persons accountable.
To get started, call us today.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
