Truck accident cases tend to be much more complicated than other types of auto accident claims. A big reason for that involves liability. Several parties are often involved in commercial trucking operations. So, when a large tractor-trailer, big rig, or semi-truck is involved in a traffic accident, several parties can potentially be liable for resulting damages.
Trucking Companies
Liability for trucking companies can be two-fold. First, trucking services can be liable for their own mistakes and shortcomings if they contribute to a truck accident.
Reasons a trucking company might be personally liable for a Texas truck accident include:
- Hiring unqualified or inexperienced truck drivers
- Failing to train and supervise its truck drivers
- Failing to conduct regular vehicle inspections
- Allowing an unsafe truck to remain in operation
- Ignoring critical safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA)
- Allowing rigs to operate when cargo isn’t secured or positioned properly
Second, trucking companies can also be vicariously liable for the actions of their drivers under the legal doctrine of respondeat superior. Simply put, the trucking company is responsible when one of its truck drivers is negligent and causes an accident, as long as the driver is an employee.
So, the trucking company might be vicariously liable if its driver caused an accident because they were speeding, texting and driving, drove in violation of the FMCSA hours of service limits, or ran a red light.
Commercial Truck Drivers
Like other motorists, truck drivers can be liable when their negligence contributes to a motor vehicle accident.
Many times, truck drivers can be liable for accidents caused by:
- Unsafe lane changes
- Blind spot errors
- Braking errors
- Following too closely
- Violating Texas traffic laws
- Drunk driving
- Drugged driving
- Fatigued driving
- Aggressive driving
- Illegal turns
Truck drivers can also be liable for accidents caused by vehicle malfunctions that could have been identified during required inspections.
Freight Brokers
Freight brokers are companies that connect trucking services with companies that need their goods transported. If a freight broker chooses a trucking company with an unsafe track record or a history of violating FMCSA safety regulations, and that trucking company’s rig causes an accident, the freight broker could potentially be responsible for the crash, at least in part.
Third Party Drivers
Truck drivers and trucking companies aren’t the only ones that can cause accidents; other motorists and drivers on the road can, too.
Third parties often share responsibility for truck accidents when they:
- Drive in a truck’s blind spot
- Don’t leave enough space when overtaking a truck
- Attempt to pass a truck on the right-hand side
- Follow a large truck too closely
Under Texas law, liability is proportionate to fault. Even if a third-party motorist isn’t entirely at fault for a truck accident, they can bear responsibility for resulting damages to the degree they caused the accident.
Auto Manufacturers
About two percent of all auto accidents are caused by a vehicle defect. When faulty brakes, electrical system failures, and other defects contribute to a truck accident, the company responsible for manufacturing or selling the commercial truck can be strictly liable for crash-related damages.
Strict liability means that the auto manufacturer is on the hook for a victim’s injuries, costs, and suffering even if it wasn’t negligent. The fact that a vehicle defect caused an accident is enough to establish liability.
If you’ve been injured in a truck accident in Texas, don’t hesitate to contact our award-winning truck accident lawyers at Dow Law Firm for help. We have the experience and resources needed to investigate your crash, determine how it happened, and pinpoint who’s at fault.
When liability is clear, our truck accident attorneys can devise a winning strategy to help you leverage the compensation you need to cover your medical bills, lost wages, and other damages.
We offer a free consultation, so contact our Texas truck accident lawyers in Round Rock and Austin today at (512) 240-9951.