Understanding Truck Accident Liability
Who Can Be Held Legally Responsible After a Truck Accident?
When you are injured in a trucking accident, one of the things you will need to determine in order to obtain compensation is liability. Liability is a term used to describe who can be held legally responsible for an accident. Determining liability, however, can be challenging without the help of an attorney.
Trucking accidents are often more complex than normal car crashes. There may be one or more insurance policies to consider or even multiple parties that can be held liable. An 18 wheeler accident lawyer in El Paso can assist in determining who can be held legally responsible for your injuries and ensure you receive the largest recovery possible based on the facts of your case. Aranda Law Firm is here to help. Contact us online or call (915) 996-9914 today for a complimentary case review.
Truck Accident Liability in El Paso, Texas
Truck accident liability is not always straightforward. In the immediate aftermath of a collision, knowing who or what caused the accident may be difficult. Unfortunately, in order to secure compensation, you will have to figure out who can be held liable for the crash.
Parties that may be held liable in an El Paso trucking accident:
- Truck operator: In many cases, the operator of the truck may be held liable if their negligence caused the accident. Common causes of truck accidents may include speeding, driver fatigue, and driving under the influence.
- Truck company: The truck company or the owner of the truck may also be held legally responsible if their negligence or their employer’s negligence caused you harm. Truck companies may also be held liable if they violate state or federal laws, such as not properly training a driver or having them drive without an adequate resting period.
- Truck or parts manufacturer: If a defective part caused the accident, the truck or parts manufacturer may be held responsible. Proving liability in a defective part case can be particularly challenging. It may be necessary to subpoena documents and other evidence from the manufacturer.
- A government agency: If the design of the road or a hazard was to blame for the accident, you may be able to file a lawsuit against a government agency. It is important to note that claims against a government entity generally have a much shorter timeframe within which they must be filed.
Other parties that may be at fault include another motorist or even a cargo company that failed to load the goods properly. Speak with a truck accident lawyer to help determine fault in your case.
Partial Fault and Truck Accident Liability
Many people wonder if they can still obtain compensation if they were partially to blame for the accident. Under Texas law (Civil Practice and Remedies Code Sec. 33.001), a person is still entitled to compensation as long as their percentage of responsibility of fault for the accident does not exceed 50%. If you are found to be 51% at fault for the accident, you may be barred from recovering damages.
Unfortunately, some insurance companies may try to place as much blame as possible on you in order to lower the settlement offer. It is strongly recommended that you speak to an 18 wheeler truck accident lawyer prior to making a statement with the insurance company or accepting any settlement. You should never have to settle for less than your case is worth. Do not feel pressured to sign anything or discuss your case without legal representation.
How to Determine Fault After a Truck Accident in El Paso
Determining fault after a truck accident in El Paso is not always easy. There may be several influencing factors to take into consideration. There are steps that you can take, however, in order to protect your right to recovery, that an El Paso 18 wheeler accident lawyer can assist with.
Foremost, you will want to contact 9-1-1 immediately after the accident. The reporting officer will conduct an investigation to help determine who was to blame for the accident. While not definitive, the accident report may help to bolster your version of the events.
Next, you will want to make sure that you collect any evidence that may be relevant to your case. Take pictures and videos at the scene that show the extent of the damages and document any conditions that may have contributed to the accident. An El Paso personal injury lawyer can also help you subpoena critical evidence, such as the truck operator’s safety logs and the black box from the truck. The more information you have to support your claim, the stronger your case will be.
Finally, you should be evaluated by a medical professional as soon as possible after the collision. Failure to seek medical attention could negatively impact your case. Once you are able, contact an El Paso 18 wheeler accident lawyer to determine the best course of action based on the circumstances of your case. Call Aranda Law Firm at (915) 996-9914 today.
