When an 18-wheeler crash happens, the most common assumption is that the accident was the result of the driver’s negligence. While there are times when driver error is a factor, the truth is that there are often many other factors that could increase the risk of a truck accident.
Often, the trucking company shares significant blame, but this liability needs to be proved in order to get a fair settlement for your injuries and damages. If you or a loved one has been injured in an accident that involved a truck, then it’s time to hire a legal team that understands trucking company negligence 18-wheeler accident strategies.
Why 18-Wheeler Accident Lawsuits in Texas Are Legally Different
Not only do truck accident cases fall under federal FMCSA regulations, but Texas state law also applies when the accident happens in the state. Both federal and state-level regulations add a level of complexity to the case that doesn’t apply to regular car accidents, which is why you need to be working with a lawyer who has experience with truck accidents specifically.
Who is liable after an 18-wheeler crash in Texas? It’s possible that you might be up against multiple liable parties, including:
- Truck driver
- Trucking company
- Cargo loader
- Maintenance contractor
- Manufacturer
We evaluate the full case to find the best strategy, then gather evidence to prove your claim. Keep in mind that in the state of Texas, we have modified comparative negligence, which means that compensation is reduced based on the fault that you carry. For example, if you are 51% or more at fault, then you will receive no compensation. Less than 50% fault will reduce the compensation based on the percentage of responsibility that you carry for the accident. So, you need a lawyer who will take a proactive, evidence-based approach to prove that you were not at fault.
What Is Trucking Company Negligence?
Can I sue a trucking company for negligence in Texas? Yes, there are often options that you can pursue, but four things must be established to prove negligence:
- The company owed you a duty of care
- The company breached that duty of care
- The breach was the cause of the accident
- You suffered injuries and/or damage as a result
Sometimes it is possible to prove direct negligence, which means that the company did something wrong, such as bad hiring, poor driver training, or required maintenance was skipped. Another approach might be to pursue vicarious liability, which means that the trucking company is responsible for the driver’s actions since the driver is an employee of the company.
Common Types of Trucking Company Negligence That Strengthen Your Case
Every trucking accident is unique, which is why you need an experienced legal team to advocate on your behalf. A good strategy and solid evidence are needed for a truck accident lawsuit. Depending on your situation, we might try to provide different types of company negligence to strengthen your case, such as:
- Hiring, Training, and Hours of Service Violations: Various requirements are in place for how trucking companies are hiring and managing their drivers. The driver’s CDL and safety record must be verified, and it could be negligence if this step is skipped. Additionally, federal laws establish limits on the number of hours a driver can be on the road without rest. If drivers are exceeding these limits and it results in a fatigue-related crash, then the trucking company could be held liable.
- Maintenance, Cargo Loading, and Scheduling: Examples of liability concerns in this category include skipped inspections or cargo loads that are improperly loaded or unsecured in transit. Also, if the delivery windows are impossible to meet without speeding or skipping rest breaks, then the company could be held liable for the crash.
How Trucking Companies Cover Up Negligence After a Crash
The unfortunate reality is that trucking companies don’t want to pay for expensive accident settlements, which is why their insurance adjusters and in-house experts are often proactive about covering up negligence after a crash. Within hours of the accident, it’s common for trucking companies to send out response teams to the crash site, with the goal of protecting the company.
As a victim of a trucking accident, you should always assume that representatives from the trucking company or insurance company do not have your best interests in mind. You need to be proactive about collecting and preserving evidence. Some of the data at risk includes ELD logs, dashcam footage, black box data, maintenance records, and dispatcher communications. An immediate legal hold is necessary to protect this evidence, which is why it makes sense to call a trucking accident lawyer as soon as possible.
Another potential issue that trucking accident victims often face is a lowball settlement offer from the insurance company. The goal is to close the case before the full scope of liability can be proven. Never accept the first settlement and always make sure that you are consulting with an experienced lawyer who can help with negotiations.
What to Do After an 18-Wheeler Accident in Texas
The steps that you take after an 18-wheeler accident can make-or-break your case. You deserve a fair settlement for your injuries, which is why you need to be strategic during this time.
The first priority is to call 911 so that you can receive medical attention and have a police report on file for the accident. Even if your injuries seem minor, you should always consult with a doctor because it’s possible that the serious symptoms won’t appear until a few days after the accident.
Never speak to the trucking company or insurance provider without first consulting with your trucking accident attorney. You deserve legal representation from an experienced team that will advocate on your behalf.
Our legal team will take action right away to preserve both the electronic and physical evidence, ensuring that you have the evidence needed for a truck accident lawsuit. Some of the most effective types of evidence for these cases include:
- ELD and black box data
- Dashcam footage
- The driver’s qualification file
- Truck maintenance logs
- Dispatcher records
- Delivery schedules
- Medical records
- Accident reconstruction reports
- Police reports
- Post-accident toxicology reports
FAQs
Can trucking companies hide behind independent contractor status?
It depends on the situation. The court will look at how much control the company had over the independent contractor, because a high level of control could override the independent contractor’s label.
What is the average settlement for an 18-wheeler accident in Texas?
The amount of money that you will receive varies depending on the circumstances and severity of the accident. In commercial truck cases, the compensation is typically much higher than in car accidents because of larger policy limits and multiple liable parties.
Call the Trucking Accident Experts for Quality Legal Services
For more information and help with your trucking accident claim, Green Law Firm is just a phone call away. Contact us for a free consultation with a skilled trucking attorney: (956) 542-7000.
