Truck drivers are liable for accidents when they fail to conform to the appropriate standard of care while driving and cause an accident that inflicts damage on another person.
Laws typically set the standards of care for driving in any particular situation. When a truck driver violates a traffic law and that violation causes an accident, the liability of the truck driver is almost certain.
It must still be demonstrated that the truck driver broke the law and that this violation was the cause of the accident. Besides the truck driver, other parties can be held responsible for the damages resulting from an accident. Thorough investigations into truck accidents are critical to determine a truck driver’s liability and identify any other liable parties.
How Liability Is Established in a Truck Accident
Establishing liability in a truck accident requires the injured party to prove the four elements of negligence.
A Duty Owed
To establish liability in a trucking accident, it must first be shown that the truck driver or other parties owed a legal duty of care to the damaged claimants. All Texas drivers owe a duty of care to all other users of the state’s roadways. The duty includes obeying relevant laws, paying attention while driving, and avoiding behavior that demonstrates indifference toward the safety of others.
Breach of the Duty Owed
Proving that the duty owed was not met is the next step. Police reports and traffic citations can provide evidence that a law was broken and a duty was breached.
Sometimes, there is only circumstantial evidence to show a duty was breached, and expert testimony may be needed to reconstruct how an accident likely happened.
Proximate Cause
The failure to fulfill the duty owed has to be both a substantial cause of the accident and a legal cause of the damage claimed. The test for proximate cause is a twofold inquiry. To prove proximate cause, the following two statements must be true:
- The accident would not have happened “but for” the behavior of the person accused.
- The danger to others was a foreseeable consequence of the behavior engaged in.
Resulting Damage
After proving the responsibility of the persons accused, a claimant must prove that they were damaged as a result of the harm caused. Medical records, employment records, expert testimony, and repair bills can help to demonstrate the nature and extent of the damage.
Who is liable in a trucking accident will depend on the facts in each situation. The liability of a truck driver who is intentionally speeding and rear-ends a passenger vehicle when traffic suddenly slows seems pretty clear. But if that same driver is on the clock for an employer or speeding because the truck’s brakes have failed, liability may look a little different.
Who Can Be Liable for Damage Done in a Truck Accident?
Liability in trucking accidents is established by proving negligence. Negligence by a truck driver might be speeding (breaking a law), distraction (failing to pay attention), or an improper lane change (failure to check blind spots).
According to the Federal Motor Carrier Safety Administration (FMCSA), Texas consistently has the highest rate of fatal crashes involving large trucks in the United States. In 2021, there were 821 fatal crashes involving large trucks. The top five driver-related factors contributing to fatal crashes by large trucks are:
- Speeding
- Distraction
- Carelessness
- Failure to yield the right-of-way
- Impairment (fatigue/alcohol)
The following parties may have legal responsibility to the persons harmed in addition to or instead of the driver, depending on the driver’s status and the cause of the crash:
- Trucking company— as an employer of the driver, or because of its negligence concerning the driver
- Truck manufacturer— for breach of warranty or product liability when parts fail
- Truck maintenance company— if faulty repairs cause equipment failure
- Cargo loading company— for improper loading when cargo movement affects driver performance
How a Claimant’s Liability Will Affect a Truck Accident Claim
A claimant may be liable for the truck accident that caused their injuries. Having some liability for causing an accident will not usually prohibit a claimant from recovering compensation for damages, though it will reduce the amount that can be collected.
Under Texas law, a claimant may still collect compensation if their liability for the event causing their injuries is no greater than 50%. Compensation will be reduced by a claimant’s percentage of fault. Thus, a claimant who is 25% liable for causing an accident can still collect 75% of their damages.
What It Means to Be Liable for a Truck Accident
Liability for a truck accident means legal responsibility for compensating those harmed as a result. Liability will be apportioned among the various parties found to be at fault. Each party will be required to pay a share of the damages corresponding to their portion of liability.
Insurance companies are often the actual payers of compensation on behalf of truck drivers and other liable parties. When insurance is not adequate to fully compensate for damages, it may be necessary to file a lawsuit directly against the liable parties to collect amounts not paid by insurance.
Determining Liability in a Trucking Accident Requires a Thorough Investigation
While it may at first appear that a truck’s driver is the party liable in a trucking accident, a thorough investigation into the events leading up to the accident is required to determine who may have legal responsibility for the damage caused. Truck accidents can inflict severe injuries, and holding all responsible parties liable helps to ensure there will be adequate compensation for the losses.
Time limits for filing claims vary, and evidence can become harder to gather over time. Seeking timely legal guidance is critical to protect your rights and ensure a fair outcome. Contact the experienced Houston truck accident attorneys at Dax F. Garza, P.C. to see how we can help with your claim.
