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Truck accident lawsuits are murkier than normal auto wreck causes because of the unique circumstances under which these accidents occur. The question of fault is also difficult to answer since liability is not always straightforward. In any case, the trucking industry is broader and involves multiple parties. That’s why when a crash occurs, it may be difficult to point fingers at one party alone.
If you were in a truck collision, you already know the devastating nature of such crashes. According to the Federal Motor Carrier Safety Administration (FMCSA), negligent behaviors contribute to a majority of these accidents. To bring a claim forward, the injured party or plaintiff, in this case, must establish the party to sue and prove how their actions or inactions contributed to the accident where they suffered harm or a loved one was killed. For this reason, establishing liability in a Houston truck accident case is the most challenging part. Fortunately, an experienced truck wreck attorney from our firm may help.
As mentioned, negligence plays a huge role in traffic accidents that occur in Texas and everywhere else in the U.S. Someone is deemed to have been negligent if they behave in a manner that a reasonable person would not, either by virtue of an action or inaction, in similar circumstances. Essentially, using negligence to establish liability in a Houston truck accident case entails proving the following elements:
Each driver operating a vehicle in the U.S must protect the lives of passengers and other road users. Their actions or inactions must not, in any way, expose others to harm. Maintaining this duty of care means adhering to set rules and regulations concerning traffic safety. The duty of care stretches beyond drivers. Other parties in the transport industry such as vehicle manufacturers, state agencies, and construction companies share the same responsibility in that their actions must guarantee the safety of the general public.
Having established that the other party had a responsibility of care towards you, the next step is proving how the duty was breached. Simply put, breach of duty means they failed to do what was reasonable to prevent the accident from happening. For truck drivers, a breach could mean they were speeding, driving under influence, or distracted at the time of the accident. Truck manufacturers can breach the same duty through improper vehicle designs, while truck owners could be held responsible for improper vehicle maintenance and negligent driver hiring.
Showing that the other party owed you a legal duty of care but breached it is not enough to get you the compensation you seek. You must provide proof that their behaviors were directly linked with the injuries or harm you suffered. Proving causation when pinpointing liability in a Houston truck accident lawsuit is not a reserve for just anyone. A knowledgeable truck accident attorney is essential and best suited to prove direct or proximate causation.
The last element of negligence is quite simple to prove in most scenarios. Having convinced the jury or judge that the defendant owed you a duty of care, but breached it, causing you foreseeable harm, the next step is proving damages. These are the tangible and intangible losses that personal injury victims suffer after an accident. Lost wages, medical expenses, pain and suffering, emotional trauma, diminished quality of life, and rehabilitation costs are some of the damages you stand to be reimbursed for if your case is successful.
Establishing how negligence played out in your truck accident will make it easier to point out the parties likely to have been at fault. Liability in a Houston truck accident case may involve:
No matter how your accident occurred, someone must have been at fault. Identifying all responsible parties can be tougher than you think. Always consult with a knowledgeable attorney for guidance on what steps to take before accusing another party of negligence.
Liability in a Houston truck accident calls for more work and sacrifice than you may be able to face. There are eyewitnesses to talk to, experts to retain, evidence to collect, and legal paperwork to prepare. All of these can take a toll on your emotional, physical, and financial well-being. Talk to us today to learn how our team may help.
Lone Star Injury Attorneys, PLLC
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