A truck accident often results in serious, sometimes catastrophic injuries. When it is caused by the negligent actions of another party, you may be able to recover compensation for your injuries—however, truck accident negligence is a complex concept to prove in court or during settlement negotiations.
What Is Truck Accident Negligence?
Negligence occurs when a party breaches their duty of reasonable care, directly causing the victim damages. In a truck accident case, proving negligence means proving that the duty of reasonable care — driving and operating safely on Texas roads — was breached, directly causing your injuries. It requires proving four elements:
- The duty of reasonable care
- Breach of duty
If negligence has been determined, it is then a matter of determining who can be held responsible for the accident.
Who Might Be Liable for a Truck Accident in Texas?
There are various parties who may be held liable for a truck accident in Texas. The truck driver might be liable if their negligent or reckless driving caused the accident. Some examples of negligent or reckless driving include improper lane changes, following too closely, or not checking their blind spot.
Negligence can also be shown if the truck driver has broken traffic laws or the rules of the road, such as by speeding, failing to stop at a red light or stop sign, or otherwise not obeying the law. Moreover, a truck driver may be operating while drowsy, distracted, or under the influence of drugs or alcohol, all of which can suggest liability.
The trucking company may also be held negligent and responsible for the accident under some circumstances. For example, they may be negligent if they failed to properly train or supervise their driver, or if they failed to properly inspect or maintain their trucks, and those failures led to the accident that caused your injuries. In some cases, the cause of the accident may be the company’s improper loading of cargo, which can also serve as the basis for negligence liability.
Potentially, third parties can also be liable for negligence in a truck accident. For instance, if there is a cargo or loading company involved and they fail to take the necessary precautions, causing an accident, they may be liable for damages. Moreover, if the truck itself was the cause of the accident due to some type of malfunction, such as a brake failure, then the manufacturer of the truck may be potentially liable.
How Is Negligence Proven in Truck Accident Claims?
The presence of so many potential parties can make negligence claims after a trucking accident particularly complicated. Not only will you need to establish liability against each party, but you’ll also need to juggle negotiations, potentially with several parties and their insurance companies. Consulting with an experienced and knowledgeable truck accident attorney can make a big difference in your success.
To prove negligence, you will need to show that the responsible party breached their duty of reasonable care to you—for example, that the truck driver failed to follow the rules of the road, or that the trucking company failed to properly maintain its fleet, contributing to the cause of the accident.
You will also need to prove that the other parties directly caused your injuries and that you suffered damages as a result. Damages in truck accident cases can be considerably high, including medical bills, hospital stays, mechanic’s bills, lost income if you cannot work, pain and suffering, and the overall diminishing impact on your quality of life.
Because issues of liability, negligence, and damages can be complex in truck accident claims, you should consult with an experienced truck accident lawyer in order to protect your legal rights and discuss your options. Not only will a knowledgeable lawyer be able to help you build your case based on relevant evidence, but they will also handle negotiating with the insurance companies on your behalf toward a fair and reasonable settlement offer.
Don’t try to fight the large insurance companies alone — you need counsel by your side to help you establish liability and damages.
How Can The Francis Firm Help with Your Trucking Accident Claim?
Trucking accident claims can quickly become complicated, and having a knowledgeable attorney by your side can make all the difference. Our experienced personal injury lawyers will inform you of your legal rights and options, and we will work with you to make sure you receive the medical care you need. We will negotiate with the other parties and their insurance companies toward a fair and reasonable settlement. If the insurance company refuses to play fair, our experienced Texas personal injury lawyers are always ready to take them to court. Reach out to us today for a free, no-obligation initial legal consultation online or by calling 817-329-9001. With our office in Southlake, we serve communities throughout the Dallas – Fort Worth area, Tarrant County and Dallas County, and other counties of Texas.