Various parties can be held responsible for a truck accident in Texas. The liable party will depend on the circumstances surrounding the accident and the legal relationship between the parties. Here are some of the most commonly liable parties in truck accidents, along with the legal theories that San Antonio semi truck wreck lawyers use to hold them responsible.
Truck Drivers
Driving error is a leading cause of motor vehicle accidents. Driving a truck comes with additional complications because large trucks are significantly heavier and larger than standard passenger vehicles. Some of the mistakes and bad decisions that truck drivers might make that can cause crashes include:
- Speeding
- Failing to yield the right-of-way
- Running red lights or stop signs
- Failing to check blind spots
- Distracted driving due to cellphone use, using navigational uses, watching podcasts, using the dispatch system, or eating behind the wheel
- Failing to check the load
Truck drivers can be responsible for these accidents. They can also be held liable for making driving mistakes due to driver fatigue or impairment by drugs or alcohol.
Truck Companies
Trucking companies can also be held liable for a truck driver’s negligence. Trucking companies used to try to minimize their liability by hiring independent contractors so they wouldn’t be blamed if they were involved in an accident, but current regulations don’t differentiate between independent contractors and truck drivers when determining negligence for a truck accident.
Trucking companies can also be held liable for their own forms of negligence, including:
- Failing to perform thorough background checks
- Hiring unsafe drivers
- Failing to provide adequate training
- Failing to monitor performance
- Failing to maintain their fleet
- Failing to follow regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA), such as hours-of-service rules, vehicle maintenance, or licensing requirements
Truck Owners
Sometimes, truck drivers lease a truck from a separate truck owner. Depending on their contract, the truck owner may be responsible for the vehicle’s maintenance and may be held liable for accidents caused by mechanical breakdowns, blown tires, or faulty brakes. They could also be held responsible if they negligently lease the truck to unsafe or unlicensed truck drivers.
Truck Maintenance Companies
Sometimes, trucking companies outsource their maintenance to a separate company. If these companies fail to make necessary repairs or make negligent repairs, they could be held responsible for accidents caused by those failures.
Cargo Loading Companies
Separate cargo loaders or shipping companies may be responsible for loading cargo once the truck driver reaches their destination. It is important that the cargo is loaded properly so that it does not become unsecured or shift during transit, which can cause truck rollovers or jackknife accidents. Cargo loading companies can be held responsible when their negligence causes these types of accidents.
Truck Manufacturers
Truck manufacturers and parts suppliers can be held liable when defective parts contributed to a truck crash under product liability laws.
Product designers can be responsible if a defective truck design contributed to the crash.
Contact George Salinas Injury Lawyers for Help with Your Truck Accident Case
An experienced accident attorney from George Salinas Injury Lawyers can investigate the accident that injured you, determine how the crash happened, and identify all parties responsible for compensating you. Contact us today for a free consultation.