Due to the nature of the trucking industry and related accidents, these parties have a special interest in understanding how these wrecks occur and whether safety violations are to blame.
This helps them design new policies and regulations for everyone’s safety. Similarly, trucking and insurance companies also carry out independent investigations whenever a crash is reported. However, their concerns are largely financial and may not align with your interests.
While all these parties have the tools and resources to investigate a commercial truck accident, you should bear in mind that none of them has your best interests in mind.
Therefore, the duty to establish liability in a Texas City truck accident case should not be left solely to any of these parties. Instead, you must work with a truck accident lawyer in Texas City to get to the bottom of your case.
The fault will be established on negligence, and any party found to have violated the duty of care may be held answerable for your losses. On top of that, the duty must have been breached, causing you physical harm and damages in the process.
Parties Likely to Bear the Fault in a Truck Accident Case
As discussed above, the question of liability in a Texas City truck accident case cannot be conclusively answered by a third party, more so by trucking companies and their insurers.
For the utmost protection of your rights and interests, you should work with a trusted Texas City truck accident attorney to investigate and establish fault in your case.
Depending on the details of your crash, and the parties involved, the following are likely to bear liability:
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Truck Driver
As with all auto wrecks, truck drivers face special scrutiny after a crash. This is especially the case in commercial truck accidents involving big rigs.
Since drivers in this industry face multiple regulations compared to other motorists, they usually face serious audits to ascertain whether they violated any of these laws.
Normally, truck drivers are to blame for accidents caused by speeding, inexperienced driving, distracted driving, drunk driving, driver fatigue, failure to yield, and road rage, among other negligent practices.
Truck Manufacturer
Companies responsible for the designing, manufacturing, and distribution of commercial trucks and their parts may be at fault for a crash caused by unsafe designs or faulty parts.
Truck manufacturers must guarantee the safety of their products. So if any truck component or system fails, catastrophic accidents may occur. Your attorney may retain experts such as automotive engineers and accident reconstructionists to establish product liability in a Texas City truck accident case.
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Trucking Company
If the truck driver who caused your injuries was operating within their scope of work at the time of the crash, you may sue their employer or trucking company.
These parties have to formulate working conditions that guarantee driver wellness in adherence to trucking laws, such as the hours of service.
It is possible to sue trucking companies if they hire negligent drivers, fail to maintain their trucks, or delegate driving duties to tired drivers.
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Loading Company
Commercial trucks must be properly and safely loaded. Although this duty is shared among different parties, the cargo loading company has a higher responsibility to ensure that cargo is well-balanced and secure.
Many semi-truck accidents stem from unevenly distributed cargo weight that alters the center of gravity, thus causing the truck to jackknife.
Other Parties
In some cases, liability in a Texas City truck accident case stretches beyond players in the trucking industry. If the negligence of another motorist, pedestrian, or biker caused the accident, they too may be held responsible.
A common scenario is where a truck driver ends up losing control when swerving to avoid a collision with a drunk motorist or careless pedestrian.
Get Help Determining Fault in Your Case
Liability in a Texas City truck accident case is a complex issue. When filing a claim, you must demonstrate how someone else’s fault caused your injuries.
Additionally, Texas follows a modified comparative fault rule, meaning you may recover damages as long as you are not more than 50% responsible for the accident, though your compensation may be reduced by your percentage of fault.
Our seasoned truck accident lawyers at Lone Star Injury Attorneys are committed to helping you identify all parties likely to have caused your injuries. In addition to establishing fault, we also fight for maximum compensation for you. Contact us today to meet with our team soon.
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