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Possible at-fault parties whom you might be able to sue include the trucking company, the truck driver, a mechanic, and a government agency. While a truck accident lawsuit is a possibility, it is more likely that you will claim compensation from the at-fault parties without going to court.
The only way to know for sure is to seek a free consultation with an experienced truck accident lawyer who can assess your case and help you explore every possible avenue to fair compensation.
Abraham Watkins has been helping victims secure compensation in personal injury claims for more than 75 years. Our dedication has won us numerous awards, including U.S News & World Report Best Law Firms 2023. All of our attorneys are board-certified and boast an impressive track record of success.
If you or someone you love has been injured or killed in a truck accident or car accident, then we want to help. Arrange a free consultation with a dedicated personal injury lawyer today at 713-222-7211.
Claim Compensation From Multiple Parties After a Truck Accident in Texas
Personal injury cases in Texas operate under comparative negligence. That means you can claim from multiple insurance companies, depending on the degree of fault of each party. For example, if the trucking company is found to be 70% at fault for the accident, then they may owe 70% of your settlement. The truck drivers themselves may be responsible for the other 30%.
If you also contributed to the accident, then your settlement would be reduced by the amount you are determined to be at fault. However, so long as you are less than 50% at fault for the accident, you can still make a claim. So if your settlement is worth $500,000 and you are found to be 10% at fault, your claim would be reduced to $450,000.
Comparative negligence can be complex, and it is best to have the help of an experienced lawyer who can determine who is liable for your injuries and to what degree they are at fault. They will also help ensure that blame is not placed upon you unfairly in an attempt to reduce your settlement.
Who Can I Claim Compensation From After a Truck Accident?
There are multiple parties who could have contributed to a truck accident in Texas. Common at-fault parties include:
- The Trucking Company: It is common for trucking companies to be held liable when their staff is in road traffic accidents. Often, the truck driver is also a victim and has been subjected to negligent workplace practices, which means that they may also be pursuing compensation. You may be able to claim from or sue a trucking company if it is found that their negligent behavior contributed to the crash. Some common examples include:
- Inadequate Training – Trucking companies are responsible for properly training their staff and ensuring that they have the proper licenses to drive their vehicles.
- Negligent Hiring Practices – Trucking companies should run proper background checks to ensure that their drivers do not have a history of negligent driving behaviors, such as DUIs or reckless driving.
- Encouraging Bad Practice – Some trucking companies encourage their drivers to drive for long periods of time without taking proper breaks.
- Poor Maintenance – Trucking companies are responsible for ensuring that their vehicles are properly maintained.
- Failure to Adhere to Federal Regulations – Trucking companies must adhere to strict federal regulations designed to prevent trucking accidents.
- The Truck Driver: A truck driver can also be found negligent for actions that all drivers should avoid while on the roads, such as looking at their phone and other forms of distracted driving, fatigued driving, reckless driving, or failure to adhere to the rules of the road.
Loading Company: A trucking company could use a third-party company to load and unload the truck’s cargo. If cargo is not loaded properly, it could fall off or shift during transport, causing the entire truck to be thrown off balance.
Another Driver: Another driver on the road could also have contributed to the crash.
A Manufacturer: Manufacturers of these parts and those responsible for creating the whole truck must ensure that these parts are safe. If a trucking accident was caused by a defective part, such as a tire, brake failure, or failing electric systems, a manufacturer might be liable for paying you compensation.
A Mechanic: If a mechanic failed to diagnose or repair a vehicle properly, and this error contributed to the accident, then it is possible for them to be liable for your injuries.
How Is Liability Determined In A Texas Truck Accident?
In order to seek compensation in a truck accident claim in Texas, it is first necessary to establish who is liable. Your attorney will gather evidence in order to establish who is responsible, whether one party was solely at fault or more than one party contributed to the accident.
Depending on the circumstances of your accident, you could have a claim based on negligence or strict liability. However, most truck accident cases are founded on negligence.
Establishing Negligence in Texas
- Duty – First, your attorney will need to establish that the at-fault party owed you a duty of care, meaning they had a legal responsibility to avoid causing you harm.
- Breach – Next, the at-fault party must have breached their duty of care by acting negligently. Negligent behavior is an action or omission (failure to act), that is different from how a reasonable person would behave in a similar set of circumstances.
- Causation – The breach of duty must have directly caused the accident that caused your injuries in order for you to have a valid claim based on negligence.
- Proximate Cause – The actions of the liable party must be sufficiently related to the accident and not out of the ordinary. If their actions created a foreseeable risk, then this could prevent them from being found liable.
- Damages – Finally, the accident must have led to measurable losses, such as medical bills.
Damages Available in A Texas Truck Accident Case
Following a truck accident that wasn’t your fault, you should be compensated for your damages. This could be done in an out-of-court settlement, or you may choose to sue the at-fault party in a truck accident lawsuit to secure what you deserve.
Some of the damages you may be able to claim include:
- Lost Wages: To determine what you are owed in lost wages, your attorney will determine what your average income was before the accident and how long you were unable to work. If your injuries are ongoing, then your attorney may be able to help you claim for a lifetime of lost earning capacity.
- Medical Expenses: Medical expenses can be devastating for truck accident victims and their families. Fortunately, an experienced lawyer can help you fight for all of your medical bills and expenses, including the cost of surgery, medication, physical therapy, transport to and from appointments, and more.
- Pain and Suffering: Victims of truck accidents may also be eligible to claim pain and suffering damages, which are designed to compensate you for your non-economic losses. To determine their value, considerations include your emotional distress, physical pain, the length of your recovery, psychological trauma, and the life-altering impacts of any injuries, such as disabilities or disfigurements.
- Exemplary Damages: Exemplary damages are awarded in cases involving gross negligence, fraud, or malice and are designed to punish the at-fault party or to discourage similar behavior in the future.
What Damages Could be Available if I Lost a Loved One in a Truck Accident?
If you have lost a loved one in a truck accident in Texas, then you may be able to claim compensation in a wrongful death lawsuit. Texas state law allows a parent, child, or spouse of a deceased to make a claim if they lost their loved one in an accident caused by someone else’s negligence.
Although no amount of money can help you process your grief, it can ensure that you and your family are not left in financial difficulty. A wrongful death claim could award you damages such as medical expenses, lost income to a family household, funeral costs, and loss of companionship.
Contact Abraham Watkins
If you have been in a truck accident in Texas, then the best thing you can do is seek the help of an experienced lawyer. They will gather evidence and investigate the possible liable parties. They will determine what a good settlement looks like in your case and will fight for a fair settlement from all of the at-fault parties. If a fair settlement cannot be reached, then they will help you file a truck accident lawsuit to attempt to sue the other party.
At Abraham Watkins, we are committed to personal injury victims in Texas. That is why we offer a free consultation and work on a no-win-no-fee basis. We get paid as a flat fee percentage if your case is successful, and if it is not successful, then we will not be paid anything. We take on all the risk so that no matter your financial situation, you can secure high-quality legal representation.
Arrange a free consultation with one of our lawyers at 713-222-7211 today.
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