The trucking industry is booming in Texas, operating as a critical link in the nation’s supply chain. Unfortunately, this boom also means that large, fully loaded 18-wheeler trucks weighing as much as 80,000 pounds loom over smaller vehicles on the road, leaving other motorists vulnerable to severe or catastrophic injuries. According to the National Safety Council (NSC), about 70% of truck accident injuries occur to those in other vehicles, not the truck driver.
Under the fault-based injury laws in Texas accident cases, an injury victim or surviving family member can seek compensation for their economic damages, pain, suffering, or wrongful death by filing a claim or lawsuit against the responsible party. But who is liable for damages in 18-wheeler truck accidents in Baytown or elsewhere in Texas? Reach out to our Baytown truck accident lawyers to discuss your case with them today.
Understanding Liability in Texas Truck Accident Cases
Under Texas Sec. 33.001, a car or truck accident victim seeking compensation must file a claim against the at-fault party. During the investigation, an insurance company assigns a percentage of proportionate fault to each involved driver. It often takes an experienced truck accident attorney to investigate the accident, determine the liable party, and protect the injury victim from being assigned an undue percentage of fault. Proving fault and liability requires evidence showing that the at-fault party’s actions meet the following standards of liability:
- The at-fault party owed a duty of care to take reasonable actions to avoid causing an accident and injuries
- The at-fault party breached the duty of care through negligence or recklessness
- The breach of duty caused an accident with injuries
- The injury victim suffered damages from the injury
Damages in 18-wheeler accidents in Baytown are often catastrophic, with hospital bills, lost wages, and compensation for pain and suffering.
Who Is Liable for Damages In Baytown 18-Wheeler Cases?
Because the trucking industry is complex and it takes multiple entities to keep an 18-wheeler well-maintained, properly loaded, and driven by a qualified driver, there are many possibilities when investigating the accident to determine who is responsible and which party is liable for damages. Common liable parties in Texas truck accident claims include the following:
- The truck driver, if they were negligent or impaired, or an independent contractor and not an employee
- The trucking company for negligent hiring, training, or monitoring practices, or failing to meet Federal Motor Carrier Safety Administration (FMCSA) regulation requirements
- A negligent truck maintenance company for faulty repairs or insufficient maintenance
- A negligent freight loading company for failing to adhere to FMCSA requirements for balancing and properly securing loads
- The manufacturer of a defective truck part or tire
Depending on the investigation’s results, a third party may be responsible for an 18-wheeler truck accident or partially liable for contributing to it. For example, a negligent road maintenance agency, a road construction contractor, or a road planning agency that designed a confusing intersection or used inadequate signage.
What If I Was Partly Responsible for an Accident Involving an 18-Wheeler In Baytown?
Under the comparative negligence laws in Texas, the law states the following:
“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
In other words, even if a driver contributed to the cause of an accident with a large 18-wheeler truck, they may still recover a portion of their damages as long as they are less than 51% at fault for the accident. In this case, the insurance company subtracts the injury victim’s percentage of fault from the amount they pay out on a claim. For example, if the insurance company assigns an injury victim 25% fault for the accident and their damages amount to $100,000, they can still recover $75,000.
While this seems straightforward, an insurance company’s interests conflict with those of the injury victims, with their priority being to protect their profits at the injury victim’s expense. An experienced Texas personal injury lawyer protects their client from being assigned an undue percentage of fault after an 18-wheeler truck accident, enabling them to recover the full value of their claim.