Your ability to recover compensation after a collision with a commercial truck depends largely on liability – and truck accidents are rarely as straightforward as collisions between two passenger vehicles. Commercial truck accidents often involve big rigs, tractor-trailers, and other large commercial vehicles, making them far more complex than a typical car accident. Identifying all potentially liable parties and determining their shares of liability can ultimately have a huge effect on how much compensation you may be entitled to.
Determining Liability in a Commercial Truck Accident
Determining who’s liable for a truck accident in Seguin requires a thorough investigation into the collision, and the sooner you can initiate it, the better. Truck accidents involve unique types of evidence, with much of the key data stemming from the state and federal regulations governing the trucking industry. You need a truck accident lawyer in Seguin, TX, with experience securing this evidence before it can be altered or destroyed. Your truck accident attorney can collect critical evidence, such as black box data, police reports, driver logs, maintenance records, and witness statements, and review it to determine precisely how the accident happened and whose fault it was.
When the Truck Driver Is Responsible
Truck driver negligence is the root cause of many commercial truck accidents. When a driver acts unsafely or makes an error behind the wheel and causes an accident, they’re typically considered liable. Some common forms of truck driver negligence that can lead to collisions include:
- Speeding or driving too fast for road or weather conditions
- Failing to check blind spots when changing lanes or merging
- Engaging in aggressive driving behaviors
- Driving while impaired
- Driving while fatigued
When the Trucking Company Can Be Held Liable
Truck drivers aren’t always exclusively responsible for accidents. Sometimes, their employers or the trucking companies that hire them bear some or even most of the liability. Trucking companies can be held liable for:
- Pushing drivers to complete deliveries on too-tight deadlines
- Requiring drivers to work extra hours in violation of federal limits
- Hiring unqualified or unsafe drivers
- Failing to appropriately train their drivers
- Failing to keep up with truck maintenance and repair
Third Parties That May Share Liability
Parties other than the driver or the trucking company itself can also share liability. These may include:
- Maintenance providers, when negligent repairs, inadequate safety checks, or improper vehicle maintenance cause mechanical issues that contribute to a crash
- Cargo loaders, when imbalanced or unsecured loads create instability that causes a crash
- Vehicle and parts manufacturers, when defective components cause an accident
Why Liability Matters for Your Compensation
Liability has a significant influence on how much compensation you might receive. If you can prove that the driver, their employer, or another party caused the accident and is responsible for your injuries and losses, you may be entitled to significant compensation.
Additionally, if you share partial liability yourself, you may receive less compensation than if another party had been totally at fault. Under Texas law, if you’re more than 50 percent at fault, you can’t recover compensation at all. Having an attorney who can push back against unfair attempts to blame you and minimize your compensation can go a long way toward protecting your rights.
Contact a Truck Accident Lawyer in Seguin, TX Today
If you were injured in an accident with a commercial truck, you need a trucking company liability lawyer from Burch Law Firm to manage your injury claim and pursue the full compensation you deserve. We have over 25 years of experience and will fight to hold all liable parties accountable for the harm they’ve caused you. Contact us today for a free case evaluation.