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Personal Injury Attorney for Truck Collisions in Texas

Truck Accident Liability

El Paso County Truck Crash Lawyer

Large commercial trucks can weigh up to 80,000 pounds, and crashes involving semi-trucks and other large commercial trucks can cause catastrophic damage. Severe, life-changing or even fatal injuries often result when an average-sized vehicle collides with a truck. If you or a loved one were hurt in a truck accident, one of the first questions you might ask is, "Who is at fault?"

Liability, or legal responsibility, for a truck accident is often extremely complex. In some cases, the actions of multiple parties contribute to an accident. Other times, the trucking company or even the individual truck driver is solely liable for the wreck. Identifying who is liable for a commercial truck accident is one of the first and most important steps when building a case.

Possible Liable Parties for a Truck Crash

Collisions involving trucks often lead to complex, high-value lawsuits. Determining the liable party and gathering evidence of the party's responsibility for the accident is a key component when building a case. Liability for a large truck accident may fall to the truck driver, the trucking company, the company that loaded the truck, a manufacturing company, or a number of other parties.

Truck Driver Liability

Truck drivers have a very challenging occupation. They are expected to drive long distances and tolerate erratic sleep and work schedules. However, this is no excuse to drive unsafely. A truck driver may be liable for your crash if the driver was:

  • Under the influence of drugs or alcohol at the time of the accident – Truck drivers who are intoxicated by drugs or alcohol put the lives of other motorists at risk. Drivers who choose to drive while under the influence should be held accountable for their actions. At James Kennedy Law, we may use the results of drug and alcohol screenings, the driver's criminal record, or the driver's driving record as evidence in your case.
  • Too fatigued to drive safely – Drivers who violate the Federal Motor Carrier Safety Administration's (FMCSA) hours of service rules may drive while they are too sleep-deprived to drive safely. The truck driver's electronic logbook is often a key piece of evidence in a fatigued truck driver accident case.
  • Violating traffic laws – Because commercial trucks are so much larger than other vehicles, truck drivers are expected to follow special rules and regulations. Speeding, traveling in the wrong lane, erratic maneuvers, and other traffic violations may lead to catastrophic truck crashes.

Trucking Company Liability

In many cases, the trucking company is the at-fault party in a truck collision. If negligence on the part of the truck driver causes the accident and the driver was an employee of a trucking company, the company is typically on the for damages caused in a wreck. The trucking company may also be legally responsible for your accident if the crash was caused by insufficient truck maintenance or inspections, negligent hiring practices, or poor staff training.

The Manufacturer or Designer of Faulty Truck Parts

Some truck crashes are caused by a defective truck component. If the designer or manufacturer of a truck part made mistakes that led to truck defects, these parties may be liable for damages in an accident. Defects in a truck's brakes, tires, hydraulic system, steering mechanism, or cargo securement devices may lead to an accident.

Texas Legislation Regarding Truck Accident Liability

It is crucial to work with a skilled attorney after a truck accident because the laws surrounding truck accident liability are constantly changing. In recent years, there have been a number of legislative measures proposed that could make it much more difficult for injured truck accident victims to hold trucking companies accountable for the actions and negligence of their drivers, warehouse workers, and other employees. With this in mind, it is especially important to work closely with a knowledgeable truck crash lawyer if you or a loved one has been injured in such an accident.

At our firm, we are committed to helping truck accident victims and their families. El Paso attorney James Kennedy has the legal knowledge and experience needed to stand up for your rights and build a strong case on your behalf. If your case is not settled out of court, Mr. Kennedy is fully prepared to offer tenacious legal representation during a personal injury trial.

Call us at 915-544-5200 for a free consultation today. Se Habla Español.

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