If you’ve been involved in a truck accident in Texas, one of your first questions is likely: Who is responsible for this?
The answer can be complicated. Unlike regular car accidents, truck accidents often involve multiple parties. It’s not always just the driver who’s at fault. That’s why speaking with an experienced personal injury attorney is one of the most important steps you can take.
In this article, we’ll break down who can be held legally responsible after a truck crash and what to do if you or a loved one has been injured.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Truck Accidents Are Different
Truck accidents often cause serious injuries because of the size and weight of commercial vehicles. But they’re also different for legal reasons.
Here’s why:
- Truck drivers usually work for a company
- The trucks are often owned by one party but maintained by another
- Cargo loading, inspections, and scheduling may be handled by different people
- There are more rules involved, like state and federal trucking laws
So when a crash happens, the fault could be shared across multiple people or businesses.
Common Causes of Truck Accidents
To figure out who’s legally responsible, we first look at what caused the crash.
Some common causes include:
- Distracted or fatigued driving
- Speeding or reckless driving
- Overloaded or improperly loaded cargo
- Poor vehicle maintenance
- Brake or tire failure
- Dangerous weather or road conditions
Once the cause is known, your lawyer can help identify who is responsible.
Who Can Be Held Responsible in a Truck Accident?
Here are the main parties who may be at fault:
- The Truck Driver
If the driver was distracted, speeding, driving under the influence, or violating traffic laws, they could be held directly responsible.
- The Trucking Company
The driver’s employer may be responsible if they:
- Failed to properly train the driver
- Hired someone with a bad driving record
- Forced unsafe delivery schedules
- Didn’t maintain the truck
This is why personal injury law firms near you will always look into the company’s role.
- The Truck Owner
In some cases, the company that owns the truck is separate from the driver or employer. If they didn’t maintain the vehicle or allowed it on the road in an unsafe condition, they may be liable.
For thoughtful, trial-tested representation from someone who truly understands what injury victims face, contact Attorney Matthew T. McLain at Turner-Monahan, PLLC.
- The Cargo Loaders
If cargo was loaded improperly and that led to a crash (for example, a shift in weight causing the truck to tip), the loading company may be to blame.
- Truck or Parts Manufacturer
If faulty brakes, tires, or other mechanical parts failed, the company that made or sold them could be responsible.
- Maintenance Providers
Regular maintenance is required for big rigs and 18-wheelers. If the company or person who serviced the truck made a mistake, they may be at fault.
- Other Drivers
Sometimes another driver causes the truck to crash. That driver could be held responsible if they swerved, cut off the truck, or created a chain reaction.
What Happens If More Than One Party Is at Fault?
In Texas, multiple people can share blame. It’s called comparative negligence. That means if the driver was 60% at fault and the trucking company was 40%, both can be held legally responsible for damages.
If you were also partially at fault, your compensation may be reduced, but you can still recover damages as long as you were less than 51% at fault.
Whether it’s a car accident, defective product, or serious injury, Matthew T. McLain brings the skill and compassion you need. Reach out today to discuss your case.
What Damages Can You Recover?
A personal injury lawyer near you can help you recover both economic and non-economic damages, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Future medical care or therapy
Example Scenario
Let’s say you were hit by a delivery truck while driving home. The truck driver had been working a double shift and fell asleep at the wheel. It turns out the company forced him to skip his rest break and the truck hadn’t been serviced in months.
In this case, your accident lawyer might sue:
- The driver (for falling asleep)
- The trucking company (for unsafe scheduling)
- The maintenance company (for skipped inspections)
This is why having an experienced personal injury attorney is crucial. They’ll investigate every angle and help maximize your compensation.
What Should You Do After a Truck Accident?
- Get medical care – Even if injuries seem minor
- Call the police – File an official report
- Take photos – Vehicle damage, skid marks, injuries, scene
- Collect witness information – Names and contact details
- Do not admit fault – Stay calm and stick to facts
- Speak to a personal injury lawyer – Before talking to the insurance company
Do You Need a Lawyer for a Truck Accident?
Yes. Truck accidents are legally complex. You’ll likely be dealing with commercial insurance carriers, big companies, and teams of defense lawyers.
Working with a skilled injury attorney or PI lawyer near you can make the difference between getting a small settlement or full compensation.
Look for someone who:
- Has experience with commercial vehicle accidents
- Can gather evidence and bring in experts
- Knows how to negotiate with insurance companies
- Can take the case to court if needed
Protect Your Case from Day One – Talk to Turner Monahan PLLC
If you or someone you love has been injured in a truck accident, don’t wait. The trucking company and its insurance team may already be working to protect themselves. Let Turner-Monahan PLLC help you fight back. Our experienced team has handled truck, motorcycle, and commercial vehicle injury claims across Texas.
Schedule a free, no-obligation consultation with our Fort Worth personal injury attorneys, Tyler Monahan or Matthew McLain, to discuss your case and explore your options. Let us help you achieve the justice and compensation you deserve.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
