In car accidents, determining fault is relatively straightforward: you often have the testimony of the drivers and the police report to show that one of the drivers was negligent. However, in a truck wreck case, you will also need to investigate any culpability on behalf of the driver’s trucking company. There are numerous rules and regulations governing the trucking industry to keep other drivers on the road safe. Determining liability in a Pearland truck accident case is very important, as it forms the basis of your claim: who is at fault for the crash. Therefore, it is advisable to speak with an attorney immediately after you’re involved in a tractor-trailer collision.
Depending on the type of truck that caused your accident, your case may involve multiple parties. And the more parties involved, the more work it will be to determine fault. Negligence is determined once your attorney gets his or her hands on your case, and the trucking company can provide documents to show their hiring practices and the demand placed on the driver. In order to receive the best result, it is critical that you retain a Pearland truck accident attorney as soon as you can to investigate the potential parties at fault.
To establish liability in a claim effectively, you need to identify all parties involved in the crash. Doing so ensures that all avenues are evaluated before the scene is cleared. The most likely defendants you’ll investigate related to your case include the driver, trucking company, freight company, and vehicle owner.
Truck drivers are no different from other car drivers when it comes to the rules of the road. They are under the same rules applicable to other motorists. Additionally, commercial truck drivers operate under stricter road safety regulations because of the size and weight of their trucks. Any mistake that they make has a greater likelihood to result in serious injury or death, both for themselves and for other drivers on the road.
Dangerous driving can include speeding, driving under the influence, road rage, and distracted driving. If any of these reasons is determined as the major cause of your accident, liability for the crash may be tied to the truck driver personally.
It’s the responsibility of trucking companies to hire and retain properly trained drivers. Operating a truck requires extensive knowledge and skills, as well as licensing. To this effect, drivers must be subjected to thorough training before they’re allowed to hit the road.
Trucking companies must always conduct background checks and screenings for alcohol abuse and drug addictions. They must also never condone the violation of federal rules in regard to road safety in a bid to beat their deadlines. They must ensure that their drivers get enough rest between trips and are not overloading their trucks. A skilled lawyer could use any violations of Texas or Federal trucking regulations will be used as evidence to prove the company’s negligence.
In some cases, the driver or trucking company may not be to blame for a truck accident. Improper loading of goods that results in a crash may expose culpability on the side of the freight companies. Shippers and cargo loaders are also responsible for the proper labeling, handling, and transportation of hazardous goods or materials. If not well secured, such goods may contribute to an accident, even if the driver did not do anything wrong. If these factors played a role in your truck crash, an attorney can work to prove they are liable.
Not all trucks are directly owned by trucking companies. It’s very common for truck owners to lease their trucks to established companies. The owners retain ownership of the truck as well as maintenance responsibilities. He or she inspects the truck’s systems, such as the engine, brake system, and tires, as well as other mechanical aspects. If the owner does not run these maintenance checks regularly, they may be held liable if their vehicle is involved in a truck accident.
There are unique scenarios where the plaintiff may also be somewhat responsible for their own injuries. For example, if you were speeding, and a drunk driver crashed into your car, it may be argued that you contributed to your harm through your speeding, even if the other driver was drunk. This is legally referred to as contributory negligence.
Depending on your state, you may still recover damages even when partly at-fault for the accident. The law requires that your damages be discounted by your own percentage of fault. To learn more about how contributory negligence affects your case, be sure to discuss this with your attorney when determining liability in a Pearland truck accident case.
If you’re unable to prove liability in a Pearland truck accident case, our lawyers at Lone Star Injury Attorneys can help you. Through thorough investigations, we may help discover the responsible party or persons for your truck accident. You can reach us online or call our office today.
