Liability means responsibility — after a truck accident, any person, company, or corporation that contributed to the cause of the collision may be held financially accountable for the damages done.
Liability is a legal term that refers to the amount of responsibility a person or entity holds for an accident or incident. Proving liability through a personal injury lawsuit allows individuals to recover their losses.
Who is held liable after a truck accident depends on who can be proven responsible for the crash. To prove liability, you need an attorney who is experienced in truck accident litigation and has demonstrated success in truck and auto accident recovery.
Pierce Skrabanek is a Houston-based law firm that has secured multi-million dollar settlements and verdicts for clients injured in truck and motor vehicle accidents. One notable case result was $2 million for a plaintiff who was offered only one-fifth of that amount in pre-trial negotiations. Truck accidents often involve large national and international corporations, but there is no need to be intimidated with Pierce Skrabanek by your side.
Various people and parties can be held liable for a truck accident, such as the driver, the trucking company, and other entities. For representation, reach out to us directly at (832) 690-7000, or schedule a free consultation online. For more information on how liability may be proven in truck accident cases, read on.
Liability in a truck accident essentially amounts to who is financially responsible for the cost of the collision. Truck accident liability could address matters like:
A lawyer proves liability by essentially working to show a chain of causation. They document your injuries, losses, and expenses, then legally establish that those damages occurred due to the truck accident you were involved in. Once they’ve investigated the cause of the truck accident, your attorney helps you pursue all responsible parties based on the available evidence.
The evidence in truck accident cases could include police reports, witness statements, onboard recording devices from the truck, company documents, or blood results showing whether the truck driver was intoxicated. These are elements your lawyer investigates, secures, and organizes on your behalf to present in negotiations or at trial.
Because each case is unique, there is no one answer that fairly describes who is usually to blame for truck crashes. That being said, a professional truck driver may hold higher responsibility in the eyes of the law. There are many variables involved in truck accidents, including the drivers, the vehicles, and the road conditions — all of them are relevant factors in why accidents occur and how destructive they may be.
Commercial truck drivers must be certified for driving large, heavy, and often difficult to maneuver vehicles. While they have the same duty of care towards other drivers as any licensed motorist, they may be held to a higher standard during times of inclement weather.
This is due to the regulations set out by the Federal Motorist Carrier Safety Administration (FMCSA) which states that “extreme caution in the operation of a commercial motor vehicle shall be exercised” when hazardous conditions apply, including examples listed such as:
Because truck drivers are professionally trained, your attorney could argue that they were negligent if they didn’t pull off the road during extreme weather conditions, or if they made poor choices on unsafe roads. Contact the experienced truck accident lawyers at Pierce Skrabanek online or by calling (832) 690-7000 — we’re here to discuss your specific circumstances, and help you explore all of your legal options.
“The firm Pierce Skrabanek, they actually had more fight for me than what I thought I'm going to have fight for myself." - Martin, Testimonial
A truck driver may be held liable if they caused or contributed to an accident. This could be the case in situations where the driver is intoxicated by stimulant drugs or medications, if they were too tired to safely operate behind the wheel, or if they made poor choices behind the wheel. For example, if a truck driver turns too sharply, their vehicle could flip or jackknife, which has the potential to cause an overwhelming amount of damage to other drivers on the road.
Commercial trucks average between 20-30 times heavier than passenger cars, pickup trucks, and vans. Maneuvering these large vehicles requires more skill from truck operators, meaning they may carry a higher amount of responsibility than other drivers on the road.
If the company that owns the truck or employs the driver who caused your accident, that corporation or business could also be held liable. Examples include:
Similarly, if the truck was packed in a manner that made the weight distribution dangerously uneven, liability may lie with the cargo owner or warehouse where the truck was packed. If an engine part malfunctioned or brakes failed, the vehicle manufacturer or maintenance mechanic could be found at fault.
It is your lawyer’s job to explore the details of your crash and follow the evidence to identify all liable parties. Truck drivers, trucking companies, cargo owners, mechanics, or municipalities responsible for road maintenance may all be held accountable if their negligence contributed to the harm you’ve suffered.
By thoroughly examining a truck accident, a knowledgeable attorney helps to maximize the amount of compensation you and your family can receive. Those funds could make the difference between a partial vs. a full recovery from injuries. A strong settlement could mean the difference between losing or keeping a family home. A substantial verdict in your favor could secure the financial future of your whole family, such as providing for children to go to college, or establishing dignified long-term care.
If you’re in need of representation, call our offices today at (832) 690-7000, or schedule a no-obligation consultation at your earliest convenience. Our attorneys have proven experience in helping those injured in car, motorcycle, and truck accident cases obtain the justice they deserve as quickly as possible.