In some cases, the truck driver and trucking company are liable for the injuries and deaths in a Texas truck accident. However, this is only true if the crash’s evidence proves that one or more of these parties acted negligently and failed to ensure others’ safety on the road.
If you or a loved one is recovering from injuries after a truck accident in Texas, you can reach out to a law firm for legal help.
Identifying the Responsible Parties in a Texas Truck Accident
Large trucks can cause utter devastation when they collide with other vehicles because of their immense size and high ground clearance. Unfortunately, that means passenger vehicles typically incur most of the damage when colliding with a truck, as the National Safety Council (NSC) reports.
Our Texas truck accident attorney can help you identify the potentially liable parties you could hold accountable in your injury case, including the following:
- The truck driver
- The trucking company
- The lessor of the truck or trailer
- A truck parts manufacturer
- Repair and maintenance crews
- Shippers or loaders of the truck’s cargo
- Government entities responsible for road upkeep
Fortunately, injured victims of truck accidents and their families may have several pursuable legal options. However, determining who is liable is not always straightforward, particularly when multiple parties may be held responsible for a person’s injuries or wrongful death. We can determine who is liable for your accident.
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How Liability Is Determined in a Texas Truck Accident
After the truck accident, investigators, including law enforcement, insurance adjusters, and your injury attorney, can determine who is liable based on evidence from the collision. Your personal injury attorney can begin working on a claim that case evidence supports. Liable parties must reimburse the claimant for their injury-related costs and other losses that the collision caused.
Four Elements Can Prove Negligence Occurred
To prove that a person or entity is liable for a truck accident, you must have evidence that addresses the following four elements:
- Legal duty of care. Truck operators must legally obey the road rules and avoid actions that could contribute to an accident that harms others. Also, trucking companies must employ qualified drivers and ensure their vehicles are regularly serviced.
- Breach of duty of care. Truck drivers violate their duty of care by speeding, driving carelessly, acting negligently, or driving while tired, intoxicated, or distracted. A trucking company could fail in its duty by neglecting to properly screen truck drivers or keep its trucks in a safe and working condition.
- You must prove the liable parties’ negligence directly caused your accident. You also must show that the allegedly liable party’s actions were unreasonable and a direct factor in the truck accident.
- Evidence must show that the accident caused the accident victim’s quantifiable losses. Medical bills, income statements, family testimony, expert witness opinions, etc., must support the extent of a claimant’s damages.
The Texas statute of limitations for personal injury and wrongful death is two years from the date a claimant’s accident occurred, per Texas Civil Practice and Remedies Code § 16.003. If you are pursuing one of these claims, you must file before this deadline, or the court will likely dismiss your case. Our attorney can advise you if any exceptions to this law apply to your case.
What Is Wrongful Death in Texas?
The premature and abrupt death of a family member can be devastating, especially when another party’s negligent actions cause a preventable accident. If your loved one was fatally injured because of someone else’s carelessness or recklessness, this can be considered a wrongful death, as Texas Civil Practice and Remedies Code § 71.002(b) outlines.
Our wrongful death lawyers can pursue the justice and compensation your family deserves. In a wrongful death lawsuit, recoverable damages reflect the losses the decedent’s surviving relatives incurred, which may include the following:
- The decedent’s funeral and burial expenses
- The decedent’s final medical bills
- Loss of household income
- Loss of advice, guidance support, and services the decedent previously provided
- Emotional anguish
- Loss of comfort, companionship, and love
- Loss of inheritance
We can review your truck accident case to determine what your family could recover after a fatal Texas truck accident. We represent clients who want to file a wrongful death action after losing a loved one in a commercial vehicle or semi-truck crash.
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Truck Accidents in Texas
According to the Texas Department of Transportation (TX DOT), Texas leads the U.S. in truck accidents. In 2020, the state had more than 500 fatal collisions in which 581 people were killed. Commercial motor vehicle accidents in the state also caused 1,245 serious injuries.
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Call Underwood Law Office for Legal Help After a Texas Truck Accident
If you are the victim of a truck accident that another driver’s negligence caused, our legal professionals can handle your personal injury case so that you can focus on healing. We can determine who is liable in your Texas truck accident.
The injury attorneys at Underwood Law Office will tirelessly advocate for your rights and work to secure fair compensation for your losses. Contact us today for a free, confidential case review.