If you’ve been involved in a truck accident in Houston, you may be feeling overwhelmed. Kolodny Law Firm is a team of experienced personal injury attorneys in Houston, and we understand the complexities of truck accident liability. We are dedicated to helping victims like you get the justice and compensation you deserve.
Determining fault in a truck accident can be tricky. It’s not always as simple as one party being entirely to blame, as multiple parties could be responsible. That’s why having a skilled truck accident lawyer in Houston on your side is critical. Our firm has a proven track record of success in handling such cases, and we are here to walk you through each step of the legal process.
Who Is Liable in a Truck Accident?
Liability refers to the party legally responsible for a crash that causes injuries, property damage, or other losses. In the context of truck crashes, several potential parties could share responsibility.
Truck Driver
The truck driver is often the first party considered when determining fault. If the driver was negligent or careless while operating the vehicle, they may be liable. Common reasons for driver negligence include:
- Distracted driving,
- Driving under the influence of alcohol or drugs,
- Reckless driving,
- Violating federal regulations established for truck drivers,
- Fatigue, and
- Failure to follow traffic laws.
A truck driver’s liability stems from their duty to follow both traffic laws and strict industry regulations designed to ensure their safety and the safety of others on the road.
Trucking Company
In many cases, the trucking company that employs the driver may also share liability. Common issues related to trucking company liability include:
- Inadequate training of drivers,
- Failure to properly screen drivers during the hiring process,
- Improper maintenance of the truck or equipment,
- Pressure the company might put on drivers to ignore regulations so they can meet deadlines, and
- Failure to adhere to safety laws.
If a trucking company’s negligence contributed to the accident, they could be held liable alongside the driver.
Truck Manufacturer or Parts Manufacturer
Sometimes, a truck accident occurs due to mechanical failure or faulty equipment, such as brake failure or tire blowouts. In these cases, the truck’s manufacturer or the manufacturer of the component part could be held responsible. The manufacturer could be liable for the accident if the failure was due to a manufacturing defect or design flaw.
Cargo Loader
In some instances, third-party contractors involved in loading or unloading cargo may contribute to a truck accident. If cargo is improperly secured or loaded, it could shift during transport and cause the driver to lose control of the truck. In these cases, the loading company or contractor may bear responsibility for the collision.
Truck Maintenance Company
You might be able to hold the maintenance company accountable if the truck had mechanical failures due to poor maintenance or faulty repairs. For instance, if an accident was caused by brake failure or tire blowouts due to neglected maintenance, the company responsible for maintaining the truck could be partially or fully at fault.
This aspect is another layer to consider when determining truck accident liability. Our seasoned team at Kolodny Law Firm has the experience to identify and pursue claims against maintenance companies when necessary.
Other Drivers
Other drivers on the road can also be a factor in truck accidents. If another vehicle is involved in causing or contributing to the crash—whether by cutting off the truck, driving recklessly, or engaging in negligent behaviors such as running red lights or speeding—the driver of that vehicle may share in the liability. At Kolodny Law Firm, we will investigate the actions of other road users to determine if they played a role in the crash.
City Municipality or Road Maintenance Entities
City municipalities or road maintenance companies can sometimes be held accountable if a poorly maintained road contributed to the crash. Examples of situations where government entities might be at fault include:
- Improper road signage,
- Poor road conditions, and
- Faulty traffic signals or lighting.
These cases can be complicated, as they often require proving that the entity responsible for the road had prior knowledge of the issue and failed to address it. Our experienced attorneys are well-equipped to pursue these claims and hold municipalities accountable when their negligence leads to accidents.
What If I Am at Fault for the Truck Accident?
Texas follows the doctrine of modified comparative negligence, meaning you may still be entitled to compensation even if you are partially at fault for the accident. However, how fault is determined in a truck accident under this rule is tricky and requires a lawyer’s help to properly assess.
Under Texas law, if you are found to be partially at fault for the accident, you can still request compensation for your losses. However, your compensation will be reduced according to your degree of responsibility.
For example, suppose you had $100,000 in damages but were found to be 30% at fault for the crash. In that case, the court would reduce your total compensation by 30% to account for your level of liability. Therefore, in this case, the $100,000 in damages would be reduced by 30%–and you would receive $70,000 in damages.
This holds true unless you are found to be 51% or more at fault. In other words, if you carry the majority share of the fault, you are barred from recovering any compensation for your injuries. Your lawyer is well-versed in this rule. They know how to ensure that your percentage of liability is not overestimated, thereby preserving your right to compensation.
For a free legal consultation, call (713) 532-4474 or contact us online
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Determining who is liable in a truck accident can be a challenging process. Whether truck drivers, trucking companies, maintenance companies, or other drivers are at fault, our seasoned lawyers can help you navigate the legal complexities of your case. We are here to fight for your rights and ensure you get the compensation you deserve.
If you’ve been involved in a truck accident in Houston, don’t hesitate to contact Kolodny Law Firm. We offer free consultations and are ready to help you through every step of the legal process.
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Alan Kolodny está comprometido a representar a clientes lesionados en Texas y en todo Estados Unidos. Alan obtuvo su licenciatura en la Universidad Rice y su doctorado en Derecho en la Universidad Metodista del Sur.
Centra su práctica en la representación de demandantes en casos de lesiones personales relacionados con los siguientes asuntos: accidentes marítimos y de alta mar, incluidos los contemplados en la Ley Jones; accidentes automovilísticos y de camiones de 18 ruedas; y accidentes laborales, accidentes relacionados con el trabajo y reclamaciones de trabajadores ferroviarios lesionados en virtud de la Ley Federal de Responsabilidad de los Empleadores.
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