How to Prove Fault in a Texas Truck Accident

Truck accidents are probably the worst kind of motor vehicle collisions. When an 18-wheeler hits one or several passenger cars, the outcomes are horrific: victims suffer catastrophic injuries, burns and exposure to the various hazardous materials transported in the trailer. In our experience as personal injury lawyers, these victims require extensive medical treatment, surgeries, physical therapy and often are left with permanent disability or impairment. If you were involved in such a terrible kind of traffic accident, we encourage you to contact a truck accident lawyer at Calhoun Meredith Law Firm to evaluate your case and fight for the fair compensation you deserve..

A truck accident poses specific complexities from a legal standpoint. You do not seek compensations from truck drivers as individuals, but employees of the trucking company. As we will explain in this article, the employer-employee relationship establishes a liability link called vicarious liability. An experienced accident attorney will know how to use this legal principle to obtain the maximum compensation possible from trucking companies and their insurance policies.

What Is Vicarious Liability and Why Is It Important in Commercial Vehicle Crashes?

A recent case judged at the Supreme Court of Texas contains a clear explanation of vicarious liability. It is based on the common-law principle of respondeat superior which states that “liability for one person’s fault may be imputed to another who is himself entirely without fault solely because of the relationship between them”.

A clear explanation of this principle is the fact that parents are liable for the damages caused by their minor children. In the same manner, an employer is liable for the damages caused by their employees while performing their job duties. In this instance, an accident victim is eligible to receive financial compensation for their bodily injury and property damage not only from the truck driver’s insurance but also from the company employing them.

Insurance Requirements for Truck Drivers

Truck drivers must carry commercial liability insurance policies. According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must provide their drivers with the following minimum insurance coverage amounts:

• $300,000 for trucks carrying household goods
• $500,000 for trucks carrying general freight
• $1,000,000 for trucks transporting oil
• $5,000,000 for trucks transporting HAZMAT substances and materials.

By comparison to the mandatory insurance requirements for individual drivers ($30,000 bodily injury liability, $60,000 liability per accident and $25,000 liability for property damage) these amounts appear impressive. However, they may not be sufficient to cover all your economic damages. Plus, you are entitled to non-economic damages, as well.

An experienced truck accident attorney will go after the company that owns the commercial vehicle, the company that leased the vehicle to carry its merchandize or even the car repair shop that provides maintenance and repairs for the respective truck. It all depends on the ultimate cause of the auto accident when trying to determine the responsible party or parties who should pay damages for your catastrophic truck wreck injuries.

The Most Common Causes of a Commercial Truck Accident

So, let us continue by understanding why truck accidents happen. Any auto accident lawyer has encountered one of the following causes in the cases they handled:

Distracted Driving

Failure to look at the road and focus solely on driving can lead to an accident. Many truck drivers are distracted, as they look at street names and numbers to find their destination or by fumbling with the navigation and entertainment systems on the dashboard.

Driver Fatigue

Drowsy driving is a very frequent occurrence in a traffic accident involving an 18-wheeler or another type of large commercial vehicle. Often, trucking companies put profits over safety and give their drivers unreasonable delivery deadlines. This is in direct violation of the FMCSA regulations, which stipulate that commercial vehicle drivers should take:

• a 30-minute break after every 8 duty hours behind the wheel
• a 10-hour off-duty period after 11 hours of service.

In reality, many drivers are not taking any break in days. Sooner or later, sleep deprivation will affect them, and this is how a terrible truck crash can happen, causing fatalities and leaving others with lifelong impairments.

Reckless Driving

Many truck drivers are trying to meet tight deadline without losing sleep by speeding and engaging in reckless driving (changing lanes, tailgating, etc.). Even a passenger vehicle is difficult to control at high speed, let alone a large truck, fully loaded with merchandize. When inertia kicks in, even if the driver hits the break pedal, the truck will still move for several hundred feet. As per the calculations made by FMCSA a loaded truck traveling at 65 mph needs 600 feet to come to a full stop after the driver brakes.

Driving Under Influence

No one should drive after drinking alcohol or using various prescription or recreational drugs. However, DUI cases are not unknown to the trucking industry. According to a report prepared by the US Department of Transportation, 4,152 truck drunk drivers who were involved in fatal crashes in 2016 had a blood alcohol content above the legal limit.

Defective Vehicle

A flat tire or defective brake may prevent even a careful and experienced driver from preventing a traffic collision. In this case, an experienced car accident attorney will identify the ultimate negligent party:

• the manufacturer of the defective part
• the dealership that sold the defective part
• the car shop that provides service and maintenance for the fleet of trucks, semi-trucks and 18-wheelers.

How Is Fault Determined in Texas and How Does It Influence Your Truck Accident Insurance Claim

Personal injury law across the US relies on one of the two doctrines: no-fault and at-fault. In no-fault states, the injury victim will rely on its own insurance company to recover economic damages after an accident. Texas is an at-fault state. In this case, a personal injury victim will have to prove that the other party was negligent and is more than 51 percent at fault for the accident that caused their damages (the comparative negligence principle).

The legal definition of negligent conduct is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under similar circumstances”. This definition results in the first of the four elements of establishing negligence in a personal injury claim: the existence of the duty of care. The other three elements are:

• breach of duty: the fault party’s conduct breached their duty of care
• causation: the breach of duty led to the occurrence of the accident
• the existence of damages: the accident victim suffered damages (bodily injury, vehicle damages) as a result of the accident.

How an Personal Injury Attorney Proves Fault in a Texas Truck Accident

The comparative fault principle gives an insurance adjuster a powerful weapon when negotiating directly with accident victims. You will be faced with experienced attorneys and insurance specialists working for the trucking company and against your best interests.

An equally experienced personal injury lawyer will fight to win a fair compensation for you to cover your expenses and losses. Here are some ways in which truck accident attorneys work:

Collecting Ample Evidence

The personal injury lawyer will start by understanding how the truck crash occurred in order to determine whether negligent driving or other external factors caused the accidents. In order to do so, the lawyer will collect different types of evidence, such as:

• the accident report prepared by police at the accident scene
• photographs of damage to your car and of your injuries
• medical records indicating the cause and extent of your injuries
• citations proving that the driver is a repeat offender of traffic law violations
• witness statements describing how the accident in question happened.

The auto accident attorney will also resort to hiring an accident reconstruction expert if necessary.

Preparing Your Accident Claim

An auto accident claim must contain the injured party’s identification data, a description of the occurrence, identification of the negligent driver and the amount you seek as compensation. The attorney will ensure that your accident claim will meet the format and content requirements of the insurance carrier and contains an accurate determination of fault, as well as an accurate monetary amount which includes:

• the actual damages you suffered: medical care costs, lost wages, future costs for treatments and rehabilitation
• additional compensation for non-economic damages: pain and suffering, emotional trauma, mental anguish, loss of enjoyment of life.

Conducting Settlement Negotiations

An experienced auto accident lawyer will negotiate with the insurance company to obtain a reasonable settlement for you. However, these negotiations will not extend beyond the moment when it would be too late for you to take further legal action.

Representing You in a Personal Injury Lawsuit

When settlement negotiations fail, your truck accident attorney will offer you professional legal advice and assistance to obtain your fair compensation in court. At Calhoun Meredith Personal Injury Law Firm, you will find a team of experienced auto accident attorneys who are not afraid to take big trucking companies to court and get justice served.

We have your best interests at heart and, to prove that we work on a contingency fee basis. This means that we do not get paid until we win your fair settlement or jury award. We are your legal strength in the most difficult times, so call us for a free consultation: 855-664-0273!