In all personal injury cases, it must be established by evidence and facts who was at fault in causing the accident, and truck accident claims are no different. Determining who is liable for the accident and, therefore, who owes compensation to victims is one of the many things that an experienced truck accident attorney at Terry & Kelly Injury Lawyers does for our clients.
There are several parties that might be liable for a truck accident, and these may include: the truck driver, the trucking company, cargo shipper and loader, and truck manufacturers.
Truck driver – Commercial truck driver error is a common cause of truck crashes. Whether a driver was speeding, intoxicated, distracted, violating trucking regulations, or making another mistake on the road, the driver should be liable for their negligence and resulting harm.
Trucking company – A trucking company that owns and operates trucks in Texas is liable for the performance of the trucks, as well as the conduct of the drivers the company puts on the road. First, trucking companies can be vicariously liable for driver negligence, which means the company can be responsible even if it did nothing wrong. Truck companies can also be negligent themselves, including negligent hiring or retaining of dangerous drivers, failing to maintain trucks in the fleet, and more.
Cargo shipper and loader – Some trucks are loaded and unloaded by third-party companies, and these companies also must abide by federal cargo securement regulations. When cargo is not loaded or secured properly, it can shift, throw a trailer off balance, and cause a driver to lose control of the truck. Further, cargo on flatbed trailers might spill onto the highway, which can cause chain-reaction crashes. Third-party cargo companies might be liable for crashes in these situations.
Truck Manufacturers – In some cases, an investigation would often reveal that a truck accident was caused by the truck itself or one of its parts fail. For example, a tire blowout, brake failure, or problem with the steering or coupling systems might lead a truck driver to crash beyond their control. If the failed part or system was due to a defect in the design or manufacture of the truck or that part, there may be a product liability claim that could be pursued to hold the manufacturer and distributor accountable.
At our firm, we conduct thorough investigations for trucking accidents to determine what happened leading up to the accident and why. Once we have conducted an investigation and have a clear picture of what caused the crash, we will then determine who should be liable for our client’s losses.
Factors That May Increase Your Chances of Being Liable in a Truck Accident
Factors like the weather and the time of the day may increase the chances of being involved in a truck accident. Types of trucking accidents may vary depending on the driver, the driver’s ability to respond to a situation, and the trucking equipment.
What are some of the most common types of truck accidents?
Truck Rollovers. – This may occur due to high speeds but can also happen when the truck is traveling at a slow speed. If the tires’ grip fails, the vehicle is likely to lose control and may slide sideways resulting in a rollover.
Air brake Failure. – Failure of the air brakes means the truck cannot come to a stop, especially when traveling downhill. This can result in a catastrophic impact and damage.
Jackknife. – This is due to instant braking causing the trailer to swing.
Under-ride. – This occurs when there is instant braking and the smaller car behind the truck moves underneath the truck.
Tire blowout. – Controlling a truck after a tire blowout is difficult and often results in serious accidents.
Rear-End. – Rear-end collisions increase the potential of damage in an accident. This, however, depends on the weight of the load.
Head-On. – This is when a truck collides with another vehicle moving in the opposite direction. These are among the most dangerous truck accidents and often lead to tragic consequences.
Call an Austin Truck Accident Lawyer Today
Many parties might be liable for a truck accident, and you want to make sure you file all the necessary claims. Leave this in the hands of a skilled legal professional who handles truck accident investigations and injury cases.
If you have been injured in a truck accident and believe someone else was at fault, contact Terry & Kelly Injury Lawyers today for a free consultation.
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