Due to the sheer size and weight of commercial trucks, truck accidents can lead to devastating injuries and significant property damage. Determining liability in a truck accident case is often more complicated than in typical car accidents, as multiple parties may be involved, each with varying degrees of responsibility. In this blog, The Payne Law Group will explore the factors that come into play when determining liability in a truck accident case in Bryan and College Station, including the parties who may be held responsible and the process involved.
The Role of Negligence in Truck Accident Liability
Liability in most truck accident cases is based on negligence. Negligence occurs when a party fails to act with reasonable care, leading to an accident or injury. Determining who was negligent and to what extent can involve a detailed investigation.
Some common types of negligence in truck accidents include:
- Driver error: Distracted driving, speeding, or driving under the influence of drugs or alcohol.
- Poor truck maintenance: Failing to maintain the truck properly can lead to mechanical failures such as brake malfunctions or tire blowouts.
- Improper loading: Overloading or improperly securing cargo can cause a truck to become unbalanced, leading to accidents.
- Failure to follow traffic laws: Running red lights, making illegal turns, or failing to yield can all contribute to accidents.
Who Can Be Held Liable?
Unlike regular car accidents, truck accident liability can involve several parties beyond just the truck driver. The following parties may be held responsible depending on the circumstances:
- The Truck Driver: The driver can be held liable if their negligent behavior, such as distracted driving, speeding, or fatigue, caused the accident. Truck drivers are required to follow specific federal regulations, including limits on the number of hours they can drive without rest. Violating these rules can point to negligence.
- The Trucking Company: If the trucking company hires an unqualified driver, fails to maintain its vehicles, or pushes drivers to violate hours-of-service regulations, it can also be held liable. Trucking companies are responsible for ensuring their drivers and trucks are safe on the road.
- The Cargo Loaders: If improper loading or overloading caused the accident, the company responsible for loading the cargo might be liable. Shifting or unbalanced loads can cause trucks to tip or become difficult to control.
- The Truck Manufacturer: Defective parts or manufacturing issues can lead to truck accidents in some cases. If a tire blowout or brake failure contributed to the accident, the manufacturer of those parts could be liable under product liability laws.
- Third-Party Maintenance Providers: If an outside company was responsible for maintaining the truck and failed to do so properly, leading to a mechanical failure, they might be held accountable for the accident.
Establishing Liability Through Evidence
A thorough investigation is required to determine liability in a truck accident case. Several types of evidence can be gathered to establish who was at fault. Some of the key pieces of evidence include:
- The Police Report: When law enforcement responds to the scene of an accident, they create an official report. This report can provide crucial details about the accident, including witness statements, observations about the scene, and whether any traffic laws were violated.
- Driver Logs and Records: Truck drivers are required to maintain detailed logs of their hours of service and records of inspections and maintenance. These logs can show whether the driver was fatigued or failed to follow regulations.
- Electronic Logging Device (ELD) Data: Most commercial trucks are equipped with ELDs that record data about the truck’s operation, such as speed, braking patterns, and hours driven. This data can provide insight into whether the driver was speeding or driving recklessly at the time of the accident.
- Surveillance Footage: Cameras from nearby businesses, traffic lights, or dash cams can capture the accident as it unfolds, providing an objective account of what happened.
- Truck Maintenance Records: These records can help establish whether the truck was properly maintained or if mechanical issues could have contributed to the accident.
- Expert Testimony: Accident reconstruction experts can analyze the evidence and provide insights into how the accident occurred, which can be valuable in determining liability.
Comparative Negligence in Truck Accident Cases
In some cases, more than one party may share responsibility for the accident. Texas follows a modified comparative negligence rule, meaning that if the injured party is partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a victim is found to be 20% responsible for the accident, they can still recover damages, but the total award will be reduced by 20%. However, if the injured party is found to be more than 50% at fault, they may be barred from recovering any compensation.
Vicarious Liability and Employer Responsibility
In some truck accident cases, the trucking company may be held liable for its drivers’ actions under the vicarious liability legal principle. This principle holds that employers can be responsible for the negligent actions of their employees if those actions occurred within the scope of their employment. For example, if a truck driver caused an accident while making deliveries for the company, the trucking company could be held liable.
Your Trusted Brazos Valley Truck Accident Lawyers
Determining liability in a truck accident case can be a complex process due to the number of parties that may be involved and the various factors that need to be investigated. Understanding who is responsible requires gathering evidence and following legal procedures carefully, whether it’s the driver, the trucking company, or another party.
If you’ve been involved in a truck accident, The Payne Law Group can help you navigate the legal process. Our team is dedicated to ensuring you receive the compensation you deserve, and those responsible are held accountable. Contact us today.