Who Is Liable After a Truck Accident in Texas?

Maverick Ray Law
January 26, 2021

Determining Who Is At Fault in a Trucking Accident in TX

Truck accidents can be catastrophic, resulting in life-threatening injuries or death. When another person’s wrongful conduct or negligent actions cause you harm, they must be held accountable. Truck accident liability can be complicated, involving multiple parties.

At Maverick Ray & Associates, our experienced personal injury lawyers will fight to get you the maximum compensation if you are injured or have lost a loved one in a trucking accident. You deserve an attorney that is not afraid to take your case to trial to get you the results you need.

Contact our office today at (281) 324-8970 for a free consultation.

What Parties Can Be Held Liable After a Truck Accident?

In a trucking accident, there may be one or more parties that can be held liable. It is essential to name all responsible people or businesses in a lawsuit to recover damages.

Common liable parties in trucking accidents include:

  • The driver of the truck
  • The trucking company or carrier
  • A truck manufacturer
  • A defective part manufacturer
  • The loading crew
  • The shipping company

Determining liability can be complex and may take an independent investigation. It is always in your best interest to discuss your case with an attorney. You should never accept a settlement without first having your case reviewed. Insurance companies may try to get you to settle for far less than your case is worth.

Who Regulates the Trucking Industry?

Commercial trucking companies are regulated by several state and federal agencies. The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal agency responsible for regulating commercial trucking companies and commercial motor vehicles. Many state organizations support and provide compliance guidance to ensure the safe transportation of goods.

In Texas, several agencies including the Texas Department of Motor Vehicles and the Texas Department of Public Safety regulate the industry in the state. Truck drivers and their employers must adhere to both state and federal regulations including complying with the Federal Motor Carrier Safety Regulations (FMCSRs), the Texas Transportation Code and the Texas Administrative Code.

What Regulations Are Commonly Violated?

In order to maximize your compensation after a trucking accident, it may be important to review safety and maintenance logs of the truck driver and the trucking company. Without the help of an attorney, it may be difficult to obtain these records.

Too often, truck drivers are under pressure to make deliveries in a short period of time even if it means violating their maximum number of allotted hours. Overexertion or driving fatigued can have devastating consequences. Under the FMCSA, property-carrying drivers are limited to an 11-hour driving limit after 10 consecutive hours off duty. Hours of service limits are one of the most commonly violated regulations.

Other common trucking regulation violations include:

  • Failure to take a 30-minute break after driving 8 cumulative hours
  • Violating the 60/70-hour limit
  • Failure to meet state and federal guidelines when carrying hazardous materials
  • Inadequate inspection, repair, or maintenance of a vehicle
  • A trucking company’s failure to implement adequate safety policies

What Are the Leading Causes of Trucking Accidents?

If you are involved in a truck accident, you deserve answers. You deserve to know who or what caused the accident and who is liable for your damages. Trucking accidents are rarely minor and usually involve injury or death to someone other than the truck driver. You should never have to pay for someone else’s negligence or intentional wrongdoing.

Leading causes of trucking accidents include:

  • Driving Under the Influence of Drugs or Alcohol (Driving While Impaired)
  • Distracted driving
  • Driver inattention
  • Speeding
  • Following too closely
  • Defective auto part
  • Failure to yield
  • Improperly loaded cargo
  • Poor truck maintenance
  • Fatigued driving
  • Inadequate training

Should I Settle With the Insurance Company?

Shortly after a trucking accident, you may be contacted by a negligent party’s insurance company. An insurance representative may use high-pressure tactics to try to get you to settle your claim quickly for the least amount of money possible.

Do not settle or sign anything without first consulting with an attorney. You could be signing away your right to fair and full compensation. Insurance companies do not represent you or your best interests. They may try to deny your claim or try to downplay your injuries.

Whose Insurance Policy Do I File a Claim Against?

One of the most complicated aspects of a trucking accident case is filing a claim against any and all applicable insurance policies. There may be more than one policy that applies and it is imperative that you seek recovery against the right one. Failure to file the correct paperwork or name the appropriate policy holders may result in a denial of your claim.

In trucking accidents, no two cases are exactly the same. Allowing an attorney to review and handle your case can help you obtain the largest possible settlement or verdict. Without the help of an attorney you may not be getting the compensation you deserve.

How Soon After a Trucking Accident Should I Hire an Attorney?

It is always recommended that you consult with an attorney as soon as possible after your trucking accident. With the help of an attorney, you can focus on your physical and mental recovery. You only have a limited amount of time to recover damages in a claim for personal injury, so you want to act fast.

If you are seriously injured after a trucking accident in Texas, you will want to seek medical treatment immediately. Providing a comprehensive record of your injuries and your treatment may be key to obtaining the most favorable outcome in your case.

Contact Maverick Ray & Associates for a Free Consultation

Have you been injured or lost a loved one in a truck accident? Contact Maverick Ray & Associates today for a free consultation. Our legal team is available 24 hours a day, 7 days a week.

Get the skilled representation you need. Call (281) 324-8970 or fill out our online contact form to get started. Get the skilled legal representation you deserve.