Who Is Responsible for a Truck Accident?
In a truck accident lawsuit, determining who is responsible for the truck accident is a major legal issue.
Responsibility is referred to as “liability” in Texas courts. Liability is the concept of who is at fault, who bears the responsibility for the accident. If someone is found to be liable for a truck accident, they can be ordered to compensate the victim for the damage done.
But truck accident cases are complex. There are often many parties involved and a great deal of evidence to sift through. Ultimately, who is responsible for a truck accident?
It Depends
The answer is that it depends on the facts of your case. The trucking company may be responsible and so may the individual driver, the maintenance company, the truck manufacturer or another party.
Additionally, liability may not just belong to one of these parties alone. It may be split between them if multiple parties’ actions caused the accident. If more than one party is found to be responsible, they are often ordered to pay portions of the damages accordingly.
Suing the Trucking Company
You may be able to hold the trucking company accountable for the accident by filing a lawsuit against the company. When it comes to paying financial damages, trucking companies usually have extensive resources—more so than individual drivers—with which to pay out personal injury claims.
Suing the Driver Personally
When the driver is an employee of the trucking company, the trucking company is usually responsible for the truck driver’s actions. However, there are some situations in which you may sue the driver independently. For example, if the driver was violating federal trucking regulations or acting maliciously.
Suing the Truck Part Manufacturer
Faulty brakes, tire defects, faulty locks and other defectively designed or manufactured truck parts can all cause truck accidents. If evidence shows that a defective truck part was responsible for the accident, the truck part manufacturer may be held accountable.
Other Parties Responsible for Truck Accidents
Liability doesn’t stop with trucking companies, drivers and manufacturers. Other parties may be found to be responsible for your truck accident, including:
- The cargo company, if a cargo load shifts
- The maintenance company, if the truck was improperly maintained
- Other negligent drivers on the road
Talk With a Lawyer About Taking Legal Action
When you need to hold negligent and reckless truckers and trucking companies accountable for the harm they caused, get legal help right away. Schedule a free initial consultation with an attorney at Ted B. Lyon & Associates in Dallas at 877-Ted-Lyon / 877-833-5966 or contact us online.
