Truck accidents are usually different from crashes involving other vehicles. This is partly attributed to their large size and weight, as well as the types of goods they carry which are often dangerous.
If you were injured or lost a loved one in a similar crash, you may be eligible for monetary compensation. However, the first issue that must be addressed before you can successfully be compensated is establishing fault. You must identify all the parties likely to have been responsible for the crash and your injuries. Proper investigations and in-depth knowledge of state and federal trucking laws are necessary. Our team of trusted attorneys is happy to help you accomplish the critical task of determining liability in a Brazoria County truck accident.
How Liability in a Truck Accident Case is Established
There are different ways that liability in a Brazoria County truck accident case may be established. The concept of negligence is commonly used to identify the parties most likely to be at fault in personal injury cases. Before you can point out the fault in the other party, you must establish that:
- They owed you a legal duty of care
- They breached the duty of care
- The breach caused you serious harm or loss of property
- You incurred losses
An experienced attorney will help you understand how negligence works, and how the elements mentioned above apply in your case. This way, you can establish the party or parties to hold financially responsible for your injuries and losses.
Parties Likely to Bear Liability in a Truck Accident
Thorough investigations are necessary for establishing why and how an accident occurred. Having fully reviewed the circumstances of the crash, your attorney may discover a fault in the following parties:
Truck Driver
Truck drivers have a unique responsibility to ensure the safety of their cargo as well as that of other motorists and road users. This means that they must adhere to procedures and regulations for the safe operation of these long vehicles. For example, they must abide by state and federal traffic laws concerning safe driving. Negligent conduct such as distracted driving, drunk driving, road rage, and speeding are common grounds on which they may carry responsibility in case an accident occurs.
Trucking Company
Trucking companies have a singular responsibility for their fleet and the drivers they hire. They are accountable for the drivers they put on Texas roads, as well as the maintenance of their vehicles. As carriers, they are required to implement the regulations set by the Federal Motor Carrier Safety Administration (FMCSA) in regards to driver training, vehicle maintenance, and driving hours. Failure on their part in any of these areas may be used to establish liability in a Brazoria County truck accident case.
Truck Manufacturer
Not all truck accidents stem from driver error or carrier negligence. Sometimes, the truck’s components may fail, resulting in a crash. For example, there may be issues with the steering and braking systems. While these problems could be due to a lack of proper maintenance, they could also stem from negligence on the part of the manufacturer or maintenance company. In this case, a product liability claim may be filed against these parties.
Construction Companies & State Agencies
If roadway hazards caused by poor road maintenance and designs contribute to a crash, liability may be established on the part of construction companies and state agencies. Poor road designs contribute to many accidents. Unclear markings and dilapidated roads create unsafe conditions for all road users, and it’s imperative that any party found responsible carries the financial burden that follows. Unfortunately, pursuing compensation against government agencies can be more difficult since some agencies have immunity against legal action. The best way to handle such a scenario is to retain a seasoned attorney to help you realize other avenues for compensation.
Contact Our Attorneys to Establish Liability for Your Brazoria County Truck Accident
If you were injured in a commercial vehicle collision, we invite you to discuss your case with our trusted team at Lone Star Injury Attorneys today. As always, we offer a no-fee guarantee for consultations and even go further by taking up your case for free until a recovery is made. Don’t settle for less when we can help. Contact us today to get help establishing liability in a Brazoria County truck accident case.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
