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Who Can You Sue in a Texas Trucking Accident: Company or Driver?

Who Can You Sue in a Texas Trucking Accident: Company or Driver?

October 8th, 2021 by Thomas J. Henry

Truck accidents can be devastating. Even at low speeds, occupants of smaller passenger vehicles can suffer serious, life-altering injuries. To make matters worse, you may not know who is liable for your injuries and damages.

When you are hurt in a truck accident, you are typically left dealing with two different parties: the truck driver and the trucking company that employs them. However, you may also be dealing with other entities responsible for maintaining, loading, and manufacturing the truck. This can make the process of seeking compensation for your crash much more complicated, and it is not a task you should take on without a truck accident attorney.

Who Can Be Held Liable for a Texas Truck Accident?

The first part of any lawsuit is determining who is at fault. As mentioned, trucking accidents often involve two or more at-fault parties. Further, because Texas personal injury law works on a comparative fault standard, you will need to determine how much responsibility each at-fault party holds.

To determine who is liable in a truck accident, it is best to speak with an attorney. A shortlist of possible negligent parties include:

  • The truck driver
  • The trucking company
  • A cargo company that loaded the truck’s cargo improperly
  • The company responsible for maintaining the truck
  • The truck’s manufacturer
  • Other drivers involved in the crash

Your attorney will review all the evidence available, from driver logs to cargo records to witness testimony, to ensure you are seeking compensation from all negligent parties.

When Can I Sue a Truck Driver?

You can sue a truck driver for any negligence or reckless behavior that results in your accident, injuries, and damages. As with any accident, wrecks involving a large truck can have a variety of causes and contributing factors. In fact, a single truck accident often has multiple causes.

Some examples of when you can sue a truck driver for an accident include:

  • The truck driver was drunk
  • The truck driver was under the influence of prescriptions medications, over-the-counter medications, or recreational drugs.
  • The truck driver was distracted
  • The truck driver was speeding
  • The truck driver made an unsafe turn or unsafe change of direction
  • The truck driver was fatigued
  • The truck driver failed to follow state or federal regulations for commercial drivers
  • The truck driver was driving aggressively
  • The truck driver failed to adhere to traffic laws

When Can I Sue a Trucking Company?

Similar to the truck driver, you can sue a trucking company if they acted in a negligent or reckless manner. A Few common examples include:

  • The trucking company failed their duty to properly screen the driver
  • The trucking company employed a driver with a history of driving offenses
  • The trucking company failed to properly train the truck driver
  • The trucking company did not make sure the truck was in proper working condition
  • The trucking company pressured the driver to drive a longer period of time than federal law permits (more than 11 hours within a 14-hour time frame)
  • The trucking company pressured their driver to skirt traffic laws or law regulating commercial drivers
  • The trucking company is found to be in violation of Federal Motor Carrier Safety Administration (FMCSA) guidelines

Can I Sue for a Trucking Accident If I Was Partially At-Fault?

Texas personal injury law follows the comparative fault standard. As such, drivers can still sue truck driving and trucking companies even if the driver was partially at fault for their own crash. As long as you are less than 50% responsible for the crash, you can obtain compensation from each at-fault entity that is equal to their proportionate responsibility.

If you believe you may have been partially at fault for your truck accident, it is best to speak with an experienced personal injury attorney. A good attorney will help you understand your legal options and provide the information for you to make an informed decision on your next steps.

Speak with a Truck Accident Lawyer in Texas Today

Were you injured in a truck accident? Call Thomas J. Henry Law today for a free case review. We have Texas truck accident attorneys in offices across the state ready to help injured victims like you. Thomas J. Henry Law works on a contingency fee basis, so you pay us nothing unless and until we win your case. If you are unable to travel to our offices, we can send an attorney directly to you.

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