Understanding Liability in Truck Accidents: Who Is Responsible for Your Injuries?

Tractor trailers are inherently dangerous. They can weigh as much as 80,000 pounds in Texas. If a crash happens, the consequences can be catastrophic. According to the National Safety Council (NSC), Texas has the most deadly semi-truck accidents each year of any state in the country.

Texas is a fault-based truck accident state. You can hold a negligent trucker or trucking company liable for your injuries if you are seriously hurt in a crash. Here, our Houston 18-wheeler accident attorney provides a comprehensive guide to semi-truck accident liability in Texas.

Texas Is a Fault-Based Truck Accident State

Similar to many but not all states, Texas follows a fault-based standard for motor vehicle collisions, including for 18-wheeler wrecks. The party determined to be responsible for causing the crash can be held liable for the resulting damages. Truck accident victims must establish fault through strong, comprehensive evidence to hold a negligent trucker or trucking company accountable. Some of the common examples of evidence include photographs, witness statements, and truck company records. Once liability is proven, the at-fault party—or, more often, their commercial insurance provider—can be held legally responsible.

Many Parties May Be Liable for a Truck Accident

Modern commercial trucking operations are complicated. There are many different parties that are typically involved in the process. Any party whose negligence contributed to a crash can be held liable for the resulting damages. In Texas, negligence is broadly defined as the failure to exercise due care. Every truck accident should be thoroughly investigated by an experienced attorney. Some of the parties who may be legally responsible for your eighteen-wheeler crash include:

• Truck Driver: Many large commercial trucking accidents are caused primarily by driver error. For this reason, truckers are often the first ones to look to after a crash. Trucker negligence comes in many different forms, including speeding, distracted driving, fatigued driving, or driving under the influence.
• Trucking Company: Employers can be held vicariously liable for the negligent actions of their drivers. Beyond that, a trucking company may bear direct liability for poor hiring practices, inadequate training, failing to maintain vehicles properly, or pressuring drivers to break safety rules.
• Truck Manufacturers: If a defect in the truck or any of its components—such as problems with brakes—contributed to the crash, the manufacturer may be liable under product liability law. In Texas, manufacturers can be held strictly liable for a truck accident caused by or made worse by a defect.
• Cargo Loaders: Trucks must be loaded properly. Improperly loaded or otherwise unsecured cargo can destabilize an eighteen-wheeler. It is a safety defect that increases the risk of a rollover or a jackknife accident.
• Maintenance Companies: Many trucking companies outsource maintenance to third-party service providers. If negligent repairs, skipped inspections, or poor-quality parts contribute to a mechanical failure that causes an accident, the maintenance provider may be liable.
• Other Motorists: In some accidents, a third-party driver may be responsible for initiating a chain reaction that led to the truck crash. For example, if a passenger car suddenly cuts in front of a truck and causes it to swerve or lose control, that motorist could be liable.

Understanding Comparative Negligence in Texas

In many cases, multiple parties will share liability for the same truck accident. Indeed, the victim may sometimes even be partially liable for their own crash. Texas uses a modified comparative negligence system to determine liability. Under Tex. Civ. Prac. & Rem. Code § 33.001, you can still recover compensation as long as you are not more than 50 percent at fault for the accident. However, your recovery will be reduced in proportion to your share of the blame for the crash.

As an example, imagine that you were involved in a crash with an eighteen-wheeler in Houston. In total, you suffered $100,000 in damages. However, you were deemed 30% at fault for your own crash due to speeding. Under Texas law, you would be liable for 30% of your own losses. In other words, you would bear the blame for $30,000 of your damages. You would still be eligible to seek compensation for the remaining 70% ($70,000).

Recovering the Maximum Compensation for a Truck Accident in Houston

Hurt in a truck accident in Houston? Under Texas law, you have the right to seek compensation for the full extent of your damages, including for non-economic losses. However, truck companies and their commercial insurers invariably fight hard to pay out as little as possible. Our Houston semi-truck accident lawyer can help. We put victims and families first. Along with other types of damages, you may be entitled to recover compensation for:

• Property loss, including vehicle repairs;
• Emergency medical treatment;
• Hospital bills;
• Other medical costs;
• Rehabilitative care;
• Loss of wages;
• Loss of earning power;
• Pain and suffering;
• Physical impairment;
• Reduced quality of life; and
• Wrongful death.

Why Trust Our Houston Eighteen Wheeler Crash Attorney

Semi-truck accident claims are complicated. If you were involved in a serious accident with a large commercial truck, it is imperative that you have strong, experienced legal representation. Do not go it alone after a bad accident. At Thornton Esquire Law Group, PLLC, we hold negligent truck drivers, negligent truck companies, and other negligent defendants accountable. The big insurance companies are not on your side. A free consultation with our Houston, TX semi-truck accident attorney is free, fully confidential, and carries no additional legal obligations.

Call Our Houston, TX, Tractor Trailer Accident Attorney Today

At Thornton Esquire Law Group, PLLC, our Houston semi-truck accident attorney is an aggressive, effective advocate for justice. If you or your family member was hurt in a bad crash with a tractor trailer, we are here to help. Our legal team can help you prove liability. Call us at (888) 378-1784 or contact us online to arrange your free, no-obligation case review. From our Houston office, we represent truck accident victims throughout Texas.