Unlike car accidents, trucking accidents are often more complicated due to the number of parties that can be held liable for the accident’s occurrence. In 2022, Texas saw over 38,000 crashes involving commercial vehicles, resulting in more than 14,500 injuries and over 700 fatalities.
If you were recently injured in a truck accident, you will need an attorney who is exceptionally well-versed in this area of law and understands the nature of liability in such cases.
At the Stewart Law Firm, our experienced Austin truck accident attorneys will work hard to identify the parties who may be liable for your accident in Texas. Our lead advocate, Stephen Stewart, understands the nuances of liability in truck accidents and will work tirelessly to protect your rights and get you the compensation you deserve.
Determining Liability in Texas Truck Accident
According to our attorneys at The Stewart Law Firm, collisions with commercial trucks are often complicated when it comes to liability. Although the driver is often liable, other parties can also be held responsible, including:
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- The Trucking Company: Drivers frequently drive recklessly, getting minimal sleep and taking uppers to stay awake to meet the unreasonable and unrealistic demands of their employers. If a trucking company engaged in dangerous practices that ultimately led to the accident, that company might be held liable for the injuries sustained by the victim.
- Cargo Companies: Another common cause of trucking accidents is overloaded or improperly loaded cargo. A claim can be filed against the company that loaded the cargo into the truck if this was the cause of the accident.
- Truck Part Manufacturers: In some cases, a commercial truck might contain defective parts or be poorly designed. If any defects or flaws in design lead to an accident, the manufacturer can be held liable for it.
- The Driver: As previously mentioned, the driver of a commercial truck can be held liable for an accident. Like any other vehicle operator, they are expected to drive responsibly and obey the rules of the road.
- Insurance Companies: Insurance providers for the truck driver, trucking company, and other involved parties may also bear financial responsibility for covering damages from the accident.
- Government Entities: Poor road conditions or inadequate signage can sometimes contribute to a truck accident. In such cases, local or state government entities responsible for road maintenance and safety might also be considered liable.
Each of these entities may share responsibility for a Texas truck incident, and identifying all liable parties is crucial for ensuring full compensation. An experienced truck accident attorney will answer your queries and can help you identify all potentially liable parties to hold them accountable for your losses.
What if There Was More Than One Person Involved in the Truck Accident in Texas?
If several parties are held accountable for a truck accident, victims may be able to increase their compensation by bringing multiple claims in Texas.
In the event of a serious accident, an insurance carrier will work swiftly through its legal department and insurance team to address any potential claims, sometimes providing rapid settlements that appear generous.
Accepting a settlement before a truck accident has been completely investigated by a professional and impartial team might mean accepting far less than you are entitled to and giving up your right to future compensation that might be necessary due to the severity of your injuries.
Understanding Texas’ Comparative Negligence Law
Commercial truck accidents in Texas involve modified comparative negligence laws, adding complexity to determining liability when multiple parties are involved.
In Texas, the “50% rule” is a key part of this system. Under this rule, a person can recover damages as long as their own fault is 50% or less.
Simply put:
- If you are 50% or less at fault, you can pursue a claim for damages against other at-fault parties.
- If you are more than 50% at fault, you cannot recover any damages.
This rule means that if you share less than half the blame, you can seek compensation from others who are more responsible. However, if you are mostly at fault, you cannot recover damages.
The 50% rule can significantly impact claims involving commercial truck accidents, and determining fault percentages can be a complex legal process.
Statute of Limitations
According to Texas Civil Practice & Remedies Code section 16.003, all personal injury claims, including those for truck accidents, must be filed within two years.
You have only a limited time following a truck accident to file a claim, so it is essential to seek legal assistance as soon as possible. The sooner an attorney at The Stewart Law Firm becomes involved, the sooner we can begin investigating the accident and help you get the compensation you deserve.
Contact a Truck Accident Attorney at the Stewart Law Firm in Austin, Texas
Truck accidents often inflict severe and devastating injuries due to the weight of the vehicle, leaving survivors and their families to deal with the aftermath. At The Stewart Law Firm, our team of personal injury attorneys in Austin is dedicated to providing legal assistance to victims of commercial truck accidents. We want you to focus on your recovery, which is why we will not collect any legal fees unless we win your case.
Contact our office at (512) 271-5112 to schedule a consultation with a knowledgeable member of our team.
