Who Is to Blame for a Truck Accident in Texas, the Driver or the Trucking Company?

When you have been injured in a Texas truck accident, it’s important to determine who was at fault so you can file a claim and demand compensation for your losses. In most cases, either the truck driver or the trucking company that owns the truck will be financially liable. By determining who was at fault, you can hold the negligent party financially accountable by filing an injury claim or, if necessary, a personal injury lawsuit.

How Is Liability Determined in a Truck Accident in Texas?

After a truck accident, investigators such as law enforcement officers and insurance adjusters use evidence from the crash to determine who is liable for the accident. A knowledgeable attorney can develop an injury claim supported by the evidence available in the case Those identified as financially responsible for a truck accident will be expected to pay for the costs associated with the injuries and other losses from the wreck.

To prove that a particular party is liable for a Texas truck accident, you must have evidence that addresses the four following elements:

-Legal responsibility to avoid harming others. Truck drivers have a legal obligation to obey the rules of the road and avoid behaviors that could contribute to an accident. Trucking companies are responsible for hiring qualified drivers and keeping trucks well maintained.

-Breach of legal responsibility. A truck driver may fail to uphold their legal responsibility by driving recklessly, speeding, driving while distracted, driving under the influence, or behaving negligently. A trucking company could neglect its responsibilities by failing to screen truck drivers or failing to keep trucks serviced and in safe operating condition.

-Neglect directly contributed to the truck accident. You must be able to demonstrate that the truck driver’s or trucking company’s negligence was a direct factor in the truck accident. For example, the truck driver plowed into the rear-end of another vehicle because the driver was talking on the phone or the trucking company hired an inexperienced driver who caused a crash.

-The truck accident resulted in measurable losses. You must show that the truck accident directly contributed to your injuries and other accident-related losses. You can do this by providing your medical records, healthcare bills, vehicle repair estimates, and income statements to show the extent of your losses.

Factors to Consider When Determining Fault

One of the most important factors to examine when considering fault in a Texas truck accident is the truck driver’s status as a worker.

If the truck driver is an employee of a trucking company, the trucking company may be held responsible for the driver’s actions as an employee of the company. Some signs that a truck driver may be considered a legal employee include:

-The trucking company dictates the driver’s work schedule, how the driver carries out their duties, and how much the employee is paid

-The truck driver receives wages on a regular schedule

-The trucking company requires the driver to wear a specific uniform or style of clothing while at work

-The trucking company withholds taxes from the driver’s paycheck and pays for unemployment and workers’ compensation insurance

-The employee receives benefits such as health insurance through the company

If the truck driver is an independent owner-operator, they are technically considered self-employed. As a result, truck drivers who are owner-operators are fully responsible for their vehicles and the accidents they cause. Owners-operators are required to have commercial liability insurance. A claim would be made against the truck driver and their insurance.

What Evidence Is Needed to Prove Fault in a Trucking Accident?

To determine who is liable in a trucking accident and prove that they should be held accountable in a personal injury claim, investigators often rely on the following types of evidence:

-Police accident reports, which often contain information such as toxicology test results and citations issued for traffic violations

-Data from truck “black box” crash event recorders and electronic logging devices

-Truck driver employment, and training records

-Trucking company hiring, screening, training, and truck maintenance records

-Photos and video footage of the accident

-Statements from eyewitnesses, who can corroborate details about how the crash occurred

-Testimony from expert witnesses such as accident reconstruction specialists

What Do You Do After a Semi-Truck Accident?

If you were involved in a semi-truck accident in Texas, you can protect your rights and keep your legal options open by:

-Seeking prompt medical attention to diagnose your injuries, receive the care you need, and establish a formal record of your condition

-Following your doctor’s prescribed care plan and attending all follow-up appointments as needed

-Gathering evidence at the scene of the crash by taking photographs, collecting contact and insurance details from the truck driver, and asking witnesses for their names and statements

-Keeping track of any documentation related to the accident, including your medical records, healthcare bills, vehicle repair estimates, and pay stubs

-Watching what you say to others about the accident, even your own insurance company, and avoiding apologies or admissions of fault

-Refusing to provide written or recorded statements to the insurance company

-Being careful not to share on social media any information about the accident, your well-being, or any photos of yourself while your claim is pending

-Contacting a truck accident lawyer as soon as possible for dependable legal advice

Contact a Personal Injury Attorney in Texas

At Herrman & Herrman, our Texas truck accident lawyers understand how devastating a serious accident can be, physically, emotionally, and financially. Our dedicated Texas attorneys offer a free case review and can start work on your case with no upfront costs for you. We won’t charge you any fees unless we recover compensation for you.