Liability refers to legal responsibility for the harm caused by a truck accident. This responsibility is often split among the multiple parties at fault, with each one paying a share that matches their level of blame. Think of liability as a financial responsibility pie. After a truck accident, we determine who was at fault and how much of the “blame pie” each party deserves. The truck driver, the trucking company, a maintenance contractor—anyone found negligent gets a slice. Each party is then responsible for paying a portion of the victim’s damages that corresponds to the size of their slice.
Determining who responsible in a trucking accident will depend on the facts in each situation.
When Truck Drivers Are Liable for Accidents
Truck drivers are liable for accidents in Texas when they fail to conform to the appropriate standard of care while driving and cause an accident that inflicts damage on another person. 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.
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). When a truck driver violates a traffic law and that violation causes an accident, the liability of the truck driver is almost certain.
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.
Other Potentially Liable Parties
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. The following parties may also 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.
If you have more questions about who is responsible for a truck accident, contact the Houston truck accident lawyers at Dax F. Garza today and schedule a free consultation.
