When Is a Trucking Company Liable for an Accident?

Trucking accidents can have devastating consequences, often resulting in severe injuries or even fatalities. When such accidents occur, it’s crucial to determine who is responsible for the damages and injuries suffered. In many cases, the trucking company can be held liable for the accident and the resulting harm. When this is the case, filing a lawsuit against multiple parties will likely be the solution.

Injuries from truck accidents are often severe, requiring extensive and costly medical treatments, hospital stays, and time off work. You deserve compensation for all that you have lost, and by securing a settlement from the truck driver, the trucking company, and possibly others, you are more likely to receive as much restitution as you need.

Circumstances where truck companies can be held liable

Commercial truck accidents are an unfortunate and all too common occurrence on the bustling highways of Texas. These massive vehicles, weighing more than 50,000 pounds when fully loaded, traverse the state’s major highways day and night, regardless of weather conditions. If you or a loved one have suffered injuries in one of the numerous 18-wheeler accidents that take place each year, it is imperative to seek legal assistance without delay. Your attorney plays a crucial role in preserving vital evidence by promptly sending a Preservation of Evidence letter to the at-fault driver and trucking company. This step ensures that crucial evidence is safeguarded, laying the foundation for a strong case on your behalf.

While the trucking company may not always hold all liability in a truck accident, there are instances where they absolutely can be held responsible. These include:

• Negligent hiring and training. This includes insufficient background checks and hiring of unqualified drivers, and failure to provide proper training and supervision. Unqualified drivers can lead to reckless driving on the roads, including speeding, distracted driving, tailgating, and improper lane-changes.
• Negligent maintenance, meaning failure to adequately inspect and maintain the truck, neglecting necessary repairs or ignoring safety regulations. Failing to neglect maintenance on the truck can lead to dangerous tire blow-outs and other mechanical failures.
• Negligent loading and securing of cargo, including overloading the truck beyond its capacity or improperly securing cargo, leading to instability or spillage. When a truck is loaded improperly, cargo moving around in the trailer can lead to roll-over accidents, and possibly hazardous materials spilling onto the road, causing further accidents.
• Violations of hours-of-service regulations. This can include pressuring drivers to violate federal regulations regarding maximum driving hours, or failure to monitor and enforce compliance with mandatory rest breaks. If a truck driver falls asleep at the wheel because they were not granted the law-mandated rest breaks or because their schedule doesn’t allow for proper sleep, the trucking company may be held liable.

Filing a lawsuit against multiple parties:

In truck accident cases, multiple parties may share responsibility for the accident and resulting injuries. Pursuing legal action against all liable parties is essential to maximize your chances of obtaining fair compensation. Additional parties who may be liable include:

• Brokers
• Shippers
• Truck drivers
• Other drivers involved in the accident
• Construction companies (in work zone cases)
• Parts manufacturers

While seeking compensation for your injuries due to someone else’s negligence should be an easy process, but it often proves to be complicated and frustrating. That is why it is helpful and, frankly, a smart idea to hire a San Antonio truck accident attorney. They will handle the complicated aspects, so that you can focus on healing.

How a San Antonio truck accident attorney can help you

When facing the aftermath of a truck accident, the guidance of a skilled San Antonio truck accident attorney can be indispensable in safeguarding your rights and pursuing the fair compensation you deserve. They offer invaluable assistance throughout the legal process, supporting your case in various ways.

First and foremost, they conduct a thorough investigation, diligently working to determine liability and gather the necessary supporting evidence. Collaborating with accident reconstruction experts and industry professionals, they bolster your case with expert insights. Drawing on their legal knowledge and strategy, they assess the unique circumstances of your situation and determine the most appropriate legal approach. Whether negotiating with insurance companies or opposing legal teams, they leverage their knowledge and experience to advocate effectively on your behalf.

A proficient truck accident attorney coordinates resources, engaging expert witnesses like medical professionals, economists, or vocational specialists to accurately assess damages. They handle communication and coordination with multiple defendants and their insurers, ensuring your interests are represented comprehensively. In the courtroom, they provide skilled representation, presenting your case persuasively to judges and juries. Their advocacy aims to secure fair compensation for medical expenses, lost wages, pain and suffering, and all other relevant damages. Additionally, they navigate settlement negotiations with insurance companies or opposing parties, striving to obtain a fair settlement that adequately reflects the full extent of your losses. In the event a settlement cannot be reached, your attorney can file a lawsuit on your behalf and represent you in court.

By protecting your interests throughout the legal proceedings, a competent truck accident attorney is an indispensable ally, advocating tirelessly for your rights and helping you move forward with the compensation you deserve.

The Law Offices of Pat Maloney understands the challenges of negotiating a settlement with insurance companies and building a strong case for trial. You don’t have to face these burdens alone. If you or someone you care about has suffered injuries in a truck accident, you can rely on our experience and skills to support you. Take the first step towards seeking justice by filling out our contact form or calling us to schedule a free consultation with a dedicated San Antonio truck accident lawyer. We are here to provide the guidance and legal representation you need during this challenging time.