The increased weight and size of large commercial trucks make them especially dangerous in
collisions. Drivers and passengers in smaller vehicles often suffer catastrophic injuries after truck
accidents, leading to years or a lifetime of medical treatments and a changed quality of life.
T-bone collisions, rollovers, jackknife accidents, and underride accidents involving trucks and
smaller passenger vehicles can have devastating effects. An experienced Texas personal injury
attorney can help you pursue fair compensation so you can access the necessary care and
treatment you deserve.
Identifying the Responsible Party in a Truck Accident
Evaluating the police report, eyewitness statements, driver logs, maintenance records, and
various other evidence can shed light on who is to blame for a commercial truck accident. Often,
the truck driver is found to be at fault due to unsafe driving behaviors like speeding, failing to
yield the right-of-way, turning too sharply, or falling asleep behind the wheel. What some Texans
don’t realize, however, is that the truck driver is not the only party who may be at fault.
The following people or entities may also be responsible for a commercial truck accident:
- The trucking company
- Maintenance companies or staff
- Truck or parts manufacturers
- City or other government agencies
- Other drivers or pedestrians
Determining who is to blame is an important part of your truck accident claim because
compensation is awarded based on fault and negligence.
Defining Liability in Texas Truck Accidents
State laws in Texas require that an individual or entity that is responsible for someone else’s
injuries or losses is required to pay for the victim’s financial damages. There are several elements
of liability in Texas:
- A duty of care – the truck driver or other responsible party must owe a legal duty of care
to the accident victim. For example, truckers have a responsibility to take reasonable
precautions to avoid harming others on the road, and trucking companies have a duty to
employ qualified drivers. - Breach of duty of care – the responsible party must have neglected their legal duty of
care. - The breach caused the accident – the truck accident must have been clearly caused by
the at-fault party’s breach of their duty of care. - The accident victim sustained losses – the accident victim must have suffered actual
harm or quantifiable loss as a result of the accident.
You must prove each of these elements in order to establish liability in your truck accident claim.
Taking on the stress of preparing an accident claim while you are recovering physically and
emotionally from a catastrophic truck accident is not conducive to your well-being. In order to
focus solely on your health after suffering severe injuries, it is helpful to have trusted legal
representation who can handle each aspect of your claim on your behalf.
When Truckers Violate State and Federal Laws
Because trucks have so much potential to cause catastrophic damage, their operation is heavily
regulated by state and federal laws. Some relevant Texas laws that apply to commercial trucks
and truck drivers include the following:
Texas Hours of Service
Truckers in Texas cannot operate their rig for more than 70 hours over the course of seven days.
Once they have driven for 70 hours in one week, they must take at least 34 consecutive hours off.
Additionally, truckers must take eight hours off after driving for 12 hours.
Texas Weight Restrictions
Texas sets maximum weight limits for trucks, with varying requirements based on factors like the
number of truck axles. There are exceptions, and trucks may be able to acquire a permit for
excess axles or gross weight.
Brake Requirements
Commercial trucks that tow trailers or semitrailers that have brakes must be equipped with
service brakes that are capable of stopping in case of a breakaway.
There are also federal laws that commercial truck drivers must adhere to, primarily overseen by
the Federal Motor Carrier Safety Administration. Truck drivers and trucking companies must
maintain compliance with state and federal laws. If you were in an accident caused by a trucker
or company that negligently or recklessly violated one of these laws, this could impact liability in
your accident claim.
Contact an Austin Truck Accident Lawyer Today
If you’ve been injured in an accident caused by a negligent truck driver or trucking company, you
deserve fair compensation to account for the harm you’ve suffered. Having compassionate and
experienced legal representation is one of the first steps to take after a truck accident, and the
Austin accident attorneys at the Law Offices of Nader Irsan are here to help.
Contact us today to schedule a consultation and learn more about why so many injured accident victims in Texas
trust us with their accident claims.