Being involved in an 18-wheeler crash can be devastating. Not only are you trying to recover from the injuries, but many victims face financial challenges and complicated cases since multiple parties are often involved.
One of the first questions that comes up is: who is liable in a truck accident? In most cases, it’s not just the driver. Here in Texas, you are allowed to pursue multiple parties at the same time, which is why it’s critical that you work with an experienced truck accident attorney to identify every responsible defendant. This approach will be the key factor in how much you receive for your settlement.
Why Texas Truck Accident Liability Extends Beyond the Driver
Texas laws follow a practice known as proportionate responsibility, which means that the fault is divided among all of the parties who were found liable in the crash. Even though it might seem complicated to have multiple defendants, it’s actually a good thing because it means that you have more access to other insurance policies. With the right legal support and a solid case, you can stack your recovery, which increases the total amount of money that you might receive for the accident.
Keep in mind that timing is critical to build a case that is going to result in fair compensation. Some of the evidence disappears quickly, such as ELD data, black box recordings, and dash cam footage. In most situations, you only have about 30 days to collect the evidence before it is gone, which is why it makes sense to call an attorney as soon as possible so that you can start building a strong case.
The Truck Driver: Direct Liability in the Accident
The truck driver is the first person to look at when proving Texas truck accident liability. There are different things that a truck driver can be held personally responsible for, including speeding, fatigue, distraction, or impairment. Our legal team will review all of the evidence to see if any of these factors contributed to the cause of your accident.
Additionally, it’s important to look at federal rules for hours-of-service limitations. For example, there are certain requirements that must be met regarding how long a driver can operate the vehicle before resting. We can take a look at the ELD records to determine whether these limits were violated, which might help with proving driver liability.
Can You Sue a Trucking Company in Texas?
Often, it’s possible to sue the trucking company as well. If the driver was a company employee, then “respondeat superior” means that the carrier can be automatically liable for the driver’s mistakes.
Additionally, independent contractors can also be sued, and the company’s involvement depends on the circumstances of your accident. Direct liability factors need to be evaluated to determine the company’s liability, including:
- Negligent hiring
- Training
- Supervision
- Retention
- Entrustment
Can You Sue a Freight Broker for a Truck Accident?
Freight brokers also carry legal exposure in truck accidents. Since the broker arranges shipments between shippers and carriers, there could be mistakes that contribute to the risk of accidents occurring.
For example, brokers can be sued if they were negligent in their carrier selection or if they didn’t go through the proper steps to screen a carrier’s safety record.
One common defense that brokers will use is through the FAAAA federal preemption rules. Here in Texas, federal courts have challenged this argument, and a good truck accident attorney will know the best approach to counter this defense.
Additional Defendants Who Can Be Sued in a Texas 18-Wheeler Accident
Your attorney might recommend other defendants for your case, depending on the circumstances of your accident. Additional defendants might include one or more of the following:
- Shipper or Cargo Loader: If the load was improperly secured or overpacked, then the loader could hold a portion of liability in the accident. For example, shifting cargo can create liability based on federal securement rules.
- Truck or Parts Manufacturer: If there was a problem with the truck that resulted in the accident, then it’s possible that the manufacturer(s) might also be named as a liable party. Examples include brake failures, blown tires, or defective parts that failed while the truck was in operation.
- Maintenance Contractor: Maintenance is critical for maintaining safety, which is why a negligent repair or missed defect can create another liability point. If the maintenance wasn’t handled properly and contributed to the accident, then the maintenance contractor might be named in the case. We’ll look at pre-trip and post-trip inspection logs as evidence to determine if maintenance played a role in the accident.
- Government Entities: It’s also possible for government organizations to hold liability if poor road conditions contributed to the crash. For example, TxDOT or a local government may share fault under the Texas Tort Claims Act. In this situation, you need to act quickly because the deadline is only 6-months after the accident.
FAQ
Who is liable in a truck accident in Texas?
Multiple parties can be named liable in a Truck accident, depending on the circumstances of the case. Potential liability might fall on the driver, trucking company, freight broker, shipper, parts manufacturer, or even a government entity.
How long does an 18-wheeler lawsuit take in Texas?
In most situations, we can resolve a truck accident lawsuit within one to three years. But if it’s a complicated case and there are multiple defendants, then it could potentially take longer.
Can you sue both the truck driver and the trucking company in Texas?
Yes, Texas law allows you to sue multiple parties after a trucking accident, including both the truck driver and the trucking company. The proportionate responsibility framework will be used to determine how the settlement will be paid.
Talk to a Dallas Truck Accident Attorney at Mignucci Law Firm
One of the best decisions you will make after a trucking accident is to hire an experienced attorney in Texas who has a successful track record with other similar cases. The faster you act, the easier it is to preserve evidence and determine liability. Our goal is to provide reliable and aggressive legal advocacy for truck accident victims, helping you recover the settlement that you deserve.
For more information about these legal services, contact us at Mignucci Law to discuss your case.