Establishing Fault in a Truck Accident in Texas
When it comes to a vehicle accident, most drivers don’t think they are at fault. Those who are at fault usually won’t admit it. This is even truer when involved in an accident with a semi-truck or 18-wheeler. Determining responsibility and liability in semi-truck to car accidents can be extremely difficult for injury victims seeking compensation for injuries or property damages.
How To Determine Fault in a Semi-Truck to Car Accident:
1. To satisfy the burden of proof in court, the evidence must clearly show the truck driver or truck company was responsible for the accident and injuries related to the accident.
2. Injured parties involved in a collision with a big rig or 18-wheeler should seek experienced personal injury representation. The trucking company will go to great lengths to avoid accepting liability because they have a lot to lose.
3. The injured victim’s experienced attorney must skillfully present the case to the judge or jury using evidence proving the responsible party needs to provide compensation.
4. The injured victim’s experienced personal injury attorney works hard to clearly depict all the losses sustained as a result of the accident to maximize the compensation package.
Texas 18-Wheeler Accident Laws:
The US Department of Transportation and Federal Motor Carrier Safety Administration (FMCSA) provide regulations governing how trucking companies and their drivers operate on the public road system. They maintain regulations on commercial licenses, maximum load sizes, truck condition, load composition, waste disposal, driver hours and rest, etc. When drivers or trucking companies’ drivers are operating under fail to operate inside the regulations provided by the governing groups, Texas courts may find them negligent and, therefore, responsible for damages in an accident. For the judge or jury to find the driver or trucking company negligent and liable for damages, they need to hear all the circumstances of the accident, see all the evidence proving damage and injury claims, so they can accurately determine fault.
How Do Courts Determine Fault After a Semi-Truck Collision?
When considering a big rig accident injury claim, the court is responsible for determining which driver is at fault. They seek to learn the exact circumstances of the accident before deciding fault. Information the court will consider includes actions of both drivers, potential speeding, any elements of distracted driving or other forms of negligent driving behavior, or any other cause of the accident.
When Is the Trucking Company Found at Fault for a Semi-Truck Accident?
Once the court analyzes all the factors that led up to the collision, they generally assign fault as a percentage. Fault assigned to the driver of a big rig may be passed to the trucking company by the court (a vicarious liability designation). For this to happen, the injured party’s attorney must show evidence that the trucking company behaved negligently (by hiring this particular driver, in their method of setting the schedule, how the load was secured to the semi-truck before transportation, etc.)
If you or your family have suffered severe injuries in a semi-truck accident, get in touch with an experienced Texas personal injury attorney at Hudson Law. We can help you navigate the process to defend your legal rights and protect your financial and medical interests. We put Personal back into Personal Injury Law.