San Antonio Truck Accident Lawyer Answers: Who is Liable – The Driver or The Company?
Being in a truck accident can be a devastating experience. The average commercial truck can be 20 to 30 times heavier than the average car. In the event of a collision – even at low speeds –the driver as well as the passengers of the car can suffer catastrophic injuries.
Despite your best efforts, accidents might still happen. If, and when it happens, who can sue with the help of a San Antonio truck accident lawyer – the driver or the truck company? Let us take a look.
Circumstances Under Which the Truck Driver Can Be Held Liable
- If they were drunk or under the influence of prescription medications, over-the-counter medications, recreational drugs, or any other intoxicating substance
- If they deliberately violated the rules of the road
- If they were distracted
- If they were fatigued
- If they were driving aggressively for no reason or with the intention of hurting you
In the aforementioned scenarios, you can sue the driver in question with the help of a San Antonio truck accident lawyer and demand compensation from their auto insurance company.
Circumstances Under Which the Truck Company Can Be Held Liable
- If the driver has a history of distracted or aggressive driving, the company can be held liable for failing their duty to screen the driver properly
- If the company forced the driver to drive for a longer period of time (more than 11 hours within a 14-hour time frame) than what is permitted under federal law
- If the company failed in its duty to train the driver properly before putting them on the road
- If the company failed in its duty to ensure that the truck is in proper working condition
- If the company is found to be in violation of Federal Motor Carrier Safety Administration (FMCSA) guidelines
In the aforementioned scenarios, you can sue the truck company directly with the help of a San Antonio truck accident lawyer and demand to be compensated for your injuries.
Apart from this, the following parties can also be held liable for your injuries under certain circumstances:
- The manufacturer (if the accident was caused by a faulty part or mechanical failure)
- The cargo loader (if the truck was overloaded with cargo or if it was not loaded properly)
Why You Should Be Represented by an Experienced San Antonio Truck Accident Lawyer
Truck companies are known to deny liability for the accidents caused by their drivers. If, and when they do, suing the driver is of little use, since they might not have sufficient insurance to fully compensate you for your injuries.
This is why it is critical to hire a skilled San Antonio truck accident lawyer who can gather the evidence needed to establish vicarious liability (to prove that the truck company was responsible for the driver’s actions) and recover sufficient damages to cover your tangible and intangible losses.
Aggressive Legal Representation for Truck Accident Victims in San Antonio
Thomas J. Henry Law, PLLC has been at the forefront of fighting for the rights of injury victims – particularly truck accident victims – for over 25 years now. We know the tactics used by truck companies to deny liability and we know how to hold them accountable. For a free review of your truck accident case, call us today at (866) 517-5659 or contact us using this form.