A truck driver, a trucking company, a cargo loader, a truck maintenance company, and other parties can be found responsible for a Houston truck crash. There are also times when multiple parties can be liable.
When Is a Truck Driver Responsible for an Accident?
A truck driver may be responsible for an accident if they commit a careless or reckless act, which leads to the incident. Below are some of the reasons why a trucker may be liable for a crash:
- Distracted driving: A trucker takes their eyes off the wheel, and due to this, may not be able to stop in time to prevent an accident.
- Aggressive driving: Tailgating and other forms of aggressive driving can contribute to trucking crashes.
- Driver fatigue: If a trucker violates hours of service (HOS) rules by driving for an extended period, they may be susceptible to fatigue, which can increase the likelihood of an accident.
- Driver impairment: When a trucker chooses to operate their vehicle under the influence of drugs or alcohol, they may put themselves and others in danger. If this truck driver gets into an accident, they may be held liable for the incident, and they may face criminal penalties.
When a Trucking Company Can Be Liable for a Truck Accident
A trucking company can be held responsible for an accident if it ignores truck industry regulations, does not maintain its vehicles properly, or does other things that may be considered negligent.
There are also times when a truck company does not provide its drivers with sufficient training. At these times, if a truck driver is involved in an accident, their employer could be held accountable for it.
Why a Cargo Loader May Be at Fault for a Truck Accident
If cargo is not loaded onto a truck properly, the vehicle may be overloaded, or the weight of the items on it may not be distributed evenly. This can lead to rollover and tipover accidents in which the loader may be responsible.
How a Truck Maintenance Company Can Be Liable for a Trucking Accident
A truck maintenance company may be liable for a truck accident if it negligently performs inspections, repairs, or maintenance that contribute to a mechanical failure.
If defective brakes or other mechanical failures play a role in an accident involving a truck, the company responsible for maintaining the vehicle could be held liable.
Other Parties That Can Be to Blame for a Truck Accident
A truck parts manufacturer can be at fault for an accident if a faulty vehicle component contributes to a motor vehicle accident.
Sometimes, a government entity may not maintain roads to a high standard. At these times, a truck driver may encounter road hazards that lead to an accident, and the government entity may be responsible, subject to limitations under the Texas Tort Claims Act (TTCA).
Per Texas Civil Practice and Remedies Code § 33.001, proportionate responsibility applies to trucking accidents. This can dictate whether someone can be compensated in a truck accident lawsuit.
If you file a lawsuit for a truck accident, and you are found to be 50% or less at fault for the incident, you may receive compensatory damages, but these can be reduced by your percentage of fault.
Alternatively, if you sue someone for a trucking accident, and you are found to be more than 50% to blame, you may be barred from recovering damages.