Truck accidents often result in severe injuries and substantial financial difficulties. If you’ve been in such an accident in Texas, it’s crucial to understand your rights and determine if you can sue the trucking company involved.
At the Stewart Law Firm, our team is dedicated to guiding our clients through this complex process. We’ll clarify the legal grounds for filing a lawsuit against a trucking company, establish liability, understand the statute of limitations, and the advantages of engaging a skilled Texas truck accident lawyer.
Stephen Stewart, our personal injury advocate and truck accident lawyer, brings extensive experience in defending clients’ rights and helping them obtain the compensation they rightfully deserve.
Liability in Texas Trucking Accidents
In Texas, trucking companies can be held accountable if they are responsible for an accident. There are multiple parties that might be liable in such incidents, including:
- Truck Driver: The driver can be liable if their negligence, such as distracted driving, drowsy driving, speeding, or driving under the influence, was the cause of the accident.
- Trucking Company: The company might be responsible if it failed to maintain the truck properly, did not adhere to safety regulations, or practiced negligent hiring or training.
- Vehicle Manufacturer: If a defect in the truck or any of its components played a role in the accident, the manufacturer could be held liable.
- Cargo Loaders: The loaders might be responsible if incorrect loading or securing of the cargo contributed to the accident.
When Can You Sue a Trucking Company?
You can usually sue a trucking company if the accident involved one of their employees driving the truck. This is because the truck driver acts on behalf of the company, making the company responsible for the driver’s actions.
To successfully sue a trucking company, you must prove that the driver’s negligence caused your serious injuries. Negligence involves reckless behavior that results in harm, such as:
- Driving under the influence
- Texting while driving
- Drowsy driving
- Aggressive driving
- Tailgating
- Making illegal turns
- Ignoring traffic signs or signals
With the support of our truck collision lawyers, we can pinpoint the negligent behaviors that make the trucking company liable. We will also assess whether you should pursue a case against the trucking company or another party involved.
The Grounds for Suing a Trucking Company After an Accident
To sue a trucking company after an accident, you must establish that their actions or negligence directly contributed to the accident. Grounds for suing a trucking company’s negligence include:
- Negligent Hiring: If the company hires a driver with a poor driving record or without proper qualifications.
- Inadequate Training: If the company fails to provide adequate training to the driver.
- Violation of Regulations: If the company violated federal or state regulations, such as hours of service rules, leading to driver fatigue.
- Improper Maintenance: If the company fails to maintain the truck properly, resulting in mechanical failures.
- Unrealistic Schedules: If the company imposed unrealistic delivery schedules, forcing drivers to speed or drive while fatigued.
How Do You Prove the Trucking Company Is Liable in an Austin Truck Accident?
Proving liability involves gathering substantial evidence to demonstrate that the trucking company’s negligence caused the accident. Steps to prove liability include:
- Collecting Evidence: Gather accident reports, medical records, and any available video footage of the accident.
- Investigating the Scene: Document the accident scene, including road conditions, skid marks, and vehicle positions.
- Reviewing Company Records: Obtain and review the trucking company’s maintenance logs, driver’s records, and compliance with regulations.
- Interviewing Witnesses: Speak with witnesses who can provide accounts of the accident and the driver’s behavior.
- Analyzing Data Recorder: Access the truck’s black box data to retrieve information on speed, braking patterns, and other critical factors before the crash.
- Reliable Testimony: Consult with accident reconstruction and industry professionals to strengthen your case.
Injuries Eligible for Compensation After a Texas Truck Accident
Texas Penal Code § 1.07 specifies what qualifies as a serious injury, providing a basis for legal action. These injuries include:
- Bone fractures
- Any injury that disrupts daily activities for more than 90 days
- Traumatic brain injury
- Impairment of any bodily organ or limb
- Limitation of a bodily function or system
- Loss of a bodily organ, limb, function, or system
- Loss of a fetus
- Significant disfigurement
- Dismemberment
- Death
If you or someone close to you has experienced any of these injuries, including pain and suffering, or if you have lost a loved one due to a truck accident, you may have grounds to sue. Typically, the trucking company that employed the driver responsible for the accident is held liable.
Statute of Limitations for Trucking Company Lawsuits in Texas
In Texas, the time limit to file a lawsuit following a truck accident is dictated by the Texas Civil Practice and Remedies Code § 16.003, which generally grants you two years from the date of the accident. This two-year statute of limitations also applies to wrongful death lawsuits.
The countdown for this filing period begins on:
- The date of the truck accident; or
- The date of death, if the lawsuit is for wrongful death.
To navigate these legal waters effectively, it’s crucial to consult with an experienced attorney who can assist you in filing your claim within the appropriate timeframe.
How Can a Truck Accident Lawyer in Texas Help?
Consulting with a truck accident lawyer experienced in handling such cases is the initial step toward filing a lawsuit. A knowledgeable attorney will guide you through the legal process, evaluate the strength of your case, and discuss potential outcomes.
Your lawyer will undertake a thorough investigation to gather essential evidence, which may include:
- Police reports
- Photographs of the accident scene
- Testimonies from witnesses
- Medical records
Additionally, your attorney might inspect the truck involved in the accident and examine the trucking company’s records to build a strong case.
Contact Our Seasoned Truck Accident Attorney at The Stewart Law Firm Today
The trucking industry and the trucks themselves are complex, and moreover, the insurance companies are involved. Identifying the cause of your accident, which could involve multiple factors, is crucial but challenging.
An experienced Texas trucking accident attorney can greatly support your case and improve your chances of a favorable outcome. At the Stewart Law Firm, we are dedicated to assisting you at every step and ensuring you receive the compensation you deserve.
Contact us at (512) 326-3200 for a free consultation today!
