Can a Truck Company be Held Liable for an Accident in Texas?
March 3, 2023
Liability is a legal term that refers to the responsibility for an action or event that causes harm or damage. In the context of truck accidents, liability refers to who is responsible for the damages and injuries resulting from the collision. In Texas, several factors are used to determine liability, including the driver’s actions, the vehicle’s condition, and the trucking company’s policies and procedures.
Driver Negligence
Driver negligence is the most common factor used to determine liability for a truck accident in Texas. If the truck driver was driving recklessly, distracted, or under the influence of drugs or alcohol, the trucking company may be held liable for resulting damages. In some cases, the liability of the trucking company may be due to a failure to correctly screen or train drivers..
Vehicle Maintenance
How well the vehicle is maintained and the condition that it is in is another crucial factor used to determine liability for a truck accident. In some cases, even if the driver is driving safely and legally, a truck that is in poor condition can lead to an accident. If the accident was the result of a mechanical failure such as a tire blowout or faulty brakes, the trucking company may be held liable as they have failed to correctly maintain their vehicle. Trucking companies are required to ensure that their vehicles are safe to operate by performing regular inspections and repairs.
Trucking Company Policies and Procedures
In Texas, the liability for a trucking accident may also be determined by the trucking company’s policies and procedures. For example, if the company has required their drivers to work long hours without adequate breaks, leading to fatigue that caused an accident, the company may be held liable for the damages. Similarly, if the trucking company has encouraged or required drivers to violate safety regulations to get more work done, they may be held liable for any accidents that occur as a result.
Joint Liability
It’s important to be aware that in some cases, both the trucking company and the truck driver may be held liable for the accident. This is known as joint liability. For example, if the trucking company failed to maintain the truck but the driver was also driving recklessly, both parties may share the responsibility for any accidents that occur.
Why You Need Legal Help
Determining who is liable in a Texas truck accident can be a complex process. If you have been involved in a collision with a truck, the most important things to do is to get the right legal support. At Amaro Law Firm in Dallas, Texas, our top-rated personal injury lawyers are well-versed in truck accident cases and know what to do to help you win your case and put this distressing part of your life behind you. We will work with you to help you understand your rights and hold the responsible parties accountable.
Texas has strict time limits for filing a personal injury claim – you have two years from the date of the injury or accident, so act quickly.
Visit our Dallas office on 2351 W Northwest Hwy Suite 2306.
Call now for a free consulation on (469) 502-5251.