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Can Passenger Be Responsible?

Following a motor vehicle accident involving a truck, people often quickly point fingers at the truck driver or the trucking company. However, a passenger vehicle such as a car, small truck, or SUV could also be found responsible for a truck accident.

Truck accident liability is complex, and to have the best chance at securing fair compensation, you should speak to an experienced attorney.

At Abraham Watkins, we have been dedicated to personal injury victims in Texas for more than seven decades. No one who suffers an accident that wasn’t their fault should be left with mounting medical bills and lost wages. That is why we offer a free consultation and work on a no-win, no-fee basis.

Our services to personal injury victims have won us numerous awards, including U.S News & World Report Best Law Firms 2023. Arrange a free consultation with one of our experienced truck accident lawyers today at 713-222-7211.

Who is Responsible For a Truck Accident in Texas?

When a truck accident happens, it is common for people to blame the truck owners quickly. However, there are many people who can be held responsible for a truck accident, and often, more than one party shares the liability. Some possible parties who could be responsible and therefore liable for the damages of any victims include:

  • A Passenger Vehicle: It is possible for a passenger vehicle to be responsible for a truck accident. For example, if a car driver runs a red light and crashes into a truck, then they could be at fault for the accident.
  • The Trucking Company: Trucking companies must adhere to strict federal regulations designed to keep road users safe from the potential dangers of trucks. If they fail in their duty, then they can be held liable for the damages that result.
  • The Truck Driver:  Truck drivers are held to very high standards due to the sheer size and weight of their vehicles. If a truck driver was driving while distracted, fatigued, or under the influence of drugs or alcohol, then they may be responsible.
  • Loading Company: Many trucking companies use third-party organizations to load and unload their vehicles. If cargo is loaded or secured incorrectly, then it could fall off or move around during transport, which could cause the truck to be thrown off balance.
  • A Manufacturer:  If any part of the truck is faulty, then it could cause a serious accident. In this situation, victims may be able to claim damages from the manufacturer of the defective part under strict liability. Strict liability means that the manufacturer does not need to be found negligent in order for you to be able to claim compensation.

How do I Prove Who Was Responsible For a Truck Accident in Texas?

Depending on the facts surrounding your truck accident claim, you may be able to seek compensation based on negligence or strict liability. However, most truck accident cases are based on negligence.

Negligence is an action or omission (failure to act) that is different from how a reasonable person would act in similar circumstances. To have a personal injury claim based on negligence, five elements must be established:

  1. The at-fault party owed you a duty of care. For example, all road users owe a duty of care to follow the rules of the road to keep those around them safe.
  2. The at-fault party breached its duty of care. For example, if a truck driver was driving under the influence of alcohol, then they broke their duty of care to you.
  3. The at-fault party’s negligent behavior must have directly caused the accident that caused you injuries as a result.
  4. The at-fault party’s actions must have carried a foreseeable risk.
  5. The accident resulted in damages such as medical bills and lost income.

Damages Available in A Texas Truck Accident Case

If you or someone you love has been in an accident with a truck, then you are likely to be suffering significant financial and emotional hardship. Between your medical bills, lost income, and the trauma of a truck accident, it may feel difficult to know what to do next.

An experienced attorney will establish liability and determine the value of your damages so that they can fight for a fair settlement. Some of the damages that you might be able to claim include the following:

  1. Medical Expenses: In a successful truck accident case, you should be able to claim all of your medical expenses. If your injuries are ongoing or even lifelong, then you should also fight for your future costs. 
  2. Lost Wages: On top of mounting medical bills, if you have been left unable to work, then this can create a significant financial struggle. If your injuries are life-limiting, then as well as your lost wages, you could also be compensated for a lifetime of lost earning capacity.
  3. Pain and Suffering: Pain and suffering is the legal term for your non-economic losses; examples include:
    • Mental anguish
    • Physical pain
    • Psychological trauma, such as PTSD
    • Loss of enjoyment in life

    All of these factors should be considered in your settlement, and although they can be difficult to prove, an experienced lawyer gives you the best chance at securing a fair settlement.

    Contact Abraham Watkins

    Passenger vehicles can sometimes be responsible for a truck crash. However, the best thing you can do after a truck accident is to secure compensation from an experienced attorney. They will gather evidence, determine the liable parties, and help you to explore every avenue to compensation.

    At Abraham Watkins, we believe that all personal injury victims deserve access to high-quality legal representation, which is why we work on a no-win, no-fee basis and offer a free consultation. At the very least, you can gain clarity about your next steps. Arrange a free consultation with one of our lawyers at 713-222-7211 today.

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