In car accidents, determining fault is usually straightforward, as driver testimony and the police report provide evidence of negligence. However, in truck wreck cases, it is necessary to investigate the potential culpability of the driver’s trucking company. The trucking industry is subject to numerous rules and regulations to ensure road safety. Establishing liability in a Pearland truck accident case is crucial because it determines fault for the crash. Therefore, it is advisable to consult an attorney immediately after being involved in a tractor-trailer collision.
Depending on the type of truck involved in your accident, your case may involve multiple parties. The more parties involved, the more complex it becomes to determine fault. Your attorney will determine negligence by examining your case and reviewing documents from the trucking company, such as hiring practices and driver demands. To achieve the best outcome, it is essential to retain a Pearland truck accident attorney promptly to investigate potential parties at fault.
To effectively establish liability in a claim, it is necessary to identify all parties involved in the crash. This ensures a thorough evaluation before the scene is cleared. Potential defendants in your case may include the driver, trucking company, freight company, and vehicle owner.
Proving the Driver’s Negligence in Pearland
Truck drivers are subject to the same rules of the road as other motorists. However, due to the size and weight of their trucks, commercial truck drivers must adhere to stricter road safety regulations. Mistakes made by truck drivers have a higher likelihood of causing serious injury or death to themselves and other drivers.
Dangerous driving behaviors such as speeding, driving under the influence, road rage, and distracted driving can be attributed to the truck driver personally if they are determined to be the main cause of the accident.
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Accountability of the Trucking Company
Trucking companies have a responsibility to hire and retain properly trained drivers. Operating a truck requires extensive knowledge, skills, and licensing. Drivers must undergo comprehensive training before they are allowed on the road. Trucking companies must conduct background checks and screenings for alcohol and drug abuse. They should never condone violations of federal rules regarding road safety in order to meet deadlines. They must ensure their drivers have sufficient rest between trips and do not overload their trucks. A skilled lawyer can use any violations of Texas or Federal trucking regulations as evidence to prove the company’s negligence.
Responsibilities of Loading or Freight Companies
In some cases, the driver or trucking company may not be solely responsible for a truck accident. Improper loading of goods that result in a crash may indicate culpability on the part of the freight companies. Shippers and cargo loaders are also responsible for proper labeling, handling, and transportation of hazardous goods or materials. If improperly secured goods contribute to an accident, even if the driver is not at fault, an attorney can work to prove the freight company’s liability.
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Truck Owners can be Liable
Not all trucks are directly owned by trucking companies. It is common for truck owners to lease their trucks to established companies. The owners retain ownership of the truck and are responsible for maintenance. They inspect the truck’s systems, such as the engine, brake system, and tires, as well as other mechanical aspects. If the owner fails to regularly conduct maintenance checks, they may be held liable if their vehicle is involved in a truck accident.
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What If I Was Partly At-Fault for the Truck Accident?
There are unique situations where the plaintiff may bear some responsibility for their own injuries. For instance, if you were speeding and a drunk driver crashed into your car, it could be argued that your speeding contributed to your injuries, even if the other driver was intoxicated. Legally, this is referred to as contributory negligence.
Depending on the laws in your state, you may still be able to recover damages even if you were partially at fault for the accident. The law requires that your damages be reduced based on your own percentage of fault. To understand how contributory negligence impacts your case, it is important to discuss it with your attorney when determining liability in a Pearland truck accident case.
We Can Assist in Establishing Liability in a Pearland Truck Accident Case
If you struggle to establish liability in a Pearland truck accident case, our lawyers at Lone Star Injury Attorneys can provide assistance. Through thorough investigations, we can help identify the responsible party or parties for your truck accident. You can contact us online or call our office today.
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