Texas Personal Injury Law Firm – Buzbee Law Firm – Just Win


How Is Fault Determined in a Truck Accident?

Determining who is at fault for a truck accident can be challenging. Trucking companies and truck drivers alike must follow strict rules and regulations; however, only some people obey the rules of the road. When said rules are ignored or disregarded, severe or life-threatening truck accidents can occur.

Are you recovering from a truck accident in Texas? If so, you don’t have to navigate this difficult time alone. Texas truck accident lawyers can help you conclude who is liable for a commercial truck wreck and if you could be eligible for fair compensation.

Truck accident claims can be difficult to solve, unlike typical car accidents, due to the many parties involved. However, working with a truck accident attorney in Texas can significantly increase your truck accident settlement. The Buzbee Law Firm can fight on your behalf and launch an in-depth investigation to ensure you receive the payout you need and deserve.

Who Could Be Liable for a Commercial Truck Accident in Texas?

Commercial trucks play a vital role in transporting goods and supplies all over the United States. Because of the heavy-duty cargo they often carry, large trucks can weigh tens of thousands of pounds. When truck drivers or other truck industry employees fail to do their jobs correctly, other drivers can be severely hurt or even killed because of their actions.

A lot goes into managing or maintaining a commercial truck. Because of this fact, there are often many parties to consider regarding how fault is determined in a truck accident. One or more parties can be liable for the accident and subsequent damages.

Texas truck accident attorneys are well-versed in state and federal laws pertaining to truck drivers and trucking company employees. The attorneys at The Buzbee Law Firm will get to the bottom of your truck accident was caused, starting with an investigation into the following parties including:

  • Truck drivers
  • Trucking or shipping companies
  • Truck technicians
  • Cargo loaders
  • Truck or trailer owners
  • Truck or part manufacturers
  • Tire manufacturers
  • Other drivers
  • Government entities

Should I Sue the Truck Driver or the Trucking Company?

Successful truck accident claims require solid evidence proving the truck driver or the trucking company broke the law or acted negligently. To demonstrate another’s wrongful actions caused your truck accident, you must show how the other party violated federal rules or regulations, traffic laws, and more. 

By hiring a Texas truck accident attorney, you can access necessary documents like driving logs and other required paperwork.

Because truck accident claims often include multiple parties who could all share a portion of the blame for a truck accident, truck accident lawyers may tell you to bring a claim against all defendants. Once you have filed a lawsuit, the appropriate figures can determine how the accident was caused and who is liable for damages.

What Rules Must Truck Drivers & Companies Follow?

Before truck drivers can legally operate a commercial truck, they must obtain their commercial driver’s license or CDL. According to the overview of Commercial Driver’s License Program provided by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can obtain their CDL through their home state. To achieve CDL, truck drivers must pass a series of tests to show that they can safely operate a large commercial truck.

When commercial truck accidents happen, a Texas truck accident lawyer will first investigate whether a truck driver has violated state or federal regulations upheld by the United States Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA).

Lawyers will review the truck driver’s driving record to see if they have violated one or more severe offenses since receiving their CDL.

According to the CDL Disqualifications provided by the Texas Department of Public Safety, truck drivers can have their CDL revoked temporarily or permanently if the following rules are violated:

  • Driving drunk or while under the influence of alcohol
  • Driving while under the influence of drugs
  • Testing positive for an alcohol concentration level of 0.04 or greater
  • Refusing to take an alcohol concentration level test
  • Abandoning the scene of an accident
  • Causing a fatal accident because of negligent driving
  • Using a commercial truck to commit a felony
  • Driving a commercial truck without a valid CDL

What if I Was Partially Responsible for a Truck Accident in Texas?

Truck drivers who fail to follow the rules could be at fault for a truck accident. However, in some cases, the truck driver and the driver of the passenger vehicle could both be partially responsible for the accident. When this happens, Texas truck accident lawyers can help you determine what percentage of fault you may have contributed to the accident.

The percentage of fault you share for the cause of a truck accident will affect your ability to obtain fair compensation for your losses. According to the Texas Civil Practice and Remedies Code Chapter 33 Sec. 33.001., Texas follows the comparative fault rule for truck accidents. Comparative fault states that if your percentage of fault in a truck accident is over 50%, you are not eligible for compensation.

If you share under 50% of the responsibility for a truck accident, you could still win a settlement to recover damages. However, your payout will be reduced by your percentage of fault. For example, if you are 20% responsible for a truck accident, your settlement will be reduced by 20% for damages you have caused or contributed to.

Texas Truck Accident Attorneys Can Help You

It is difficult to determine fault after a commercial truck accident, especially if multiple parties are involved. If you are hurt or mourning the loss of a family member after a commercial truck wreck, you don’t have to go through this challenging time without help. Rely on a truck accident attorney in Texas to help you recover personal and financial losses caused by a truck accident.

Truck accident attorneys are well-equipped to handle even the most complex claims. The Buzbee Law Firm can offer expert legal advice and help you move forward with your life after a life-threatening truck accident turns your world upside down. Help is available for you.