Dallas Truck Accident Liability

At The Wilhite Law Firm, we understand that being injured in a truck accident can change your life in an instant. Alongside painful injuries, you might find yourself struggling financially due to missed time from work, astronomical medical bills, and repairs or replacement of your vehicle, among other unexpected costs.

If someone else’s negligence caused your crash, you shouldn’t be left to pick up the pieces all on your own. An experienced Dallas truck accident attorney could help you seek compensation for the harm you’ve suffered and the losses you’ve incurred.

The trial attorneys at The Wilhite Law Firm have the right experience and skills to make a difference for you. Call us or reach out to us online to discuss how we could help you hold the at-fault party accountable. There is no charge unless we secure payment for you.

Who Can Be Sued in a Trucking Accident?

One of the most important aspects of any truck accident lawsuit is determining who can be held liable. Depending on the nature of the truck accident, you may have grounds to sue any of the following individuals:

  • The truck driver – The truck driver may be at fault if they behaved negligently or recklessly when the crash occurred. Common examples of truck driver negligence include distracted driving, drunk driving, and speeding.
  • The trucking company – The trucking company that hired the truck driver might be liable if the company’s policies regarding driver screening, hiring, training, dispatch, or scheduling contributed to the crash.
  • The truck owner – The owner of a commercial truck involved in a crash might be at fault if they failed to properly inspect, maintain, or repair the truck as needed.
  • A cargo loading company – The company or team that loaded cargo into the truck’s trailer may be liable if they overloaded the trailer with too much weight, failed to balance the load properly, or failed to secure the cargo properly.
  • A freight broker – Brokers who make shipping arrangements between shippers and trucking companies can be responsible for negligently hiring unqualified or unsafe carriers or truck drivers.
  • A maintenance facility– Truck maintenance and repair facilities may be liable if they fail to properly evaluate or address deficiencies or faulty truck components during inspections.
  • A truck part manufacturer – The truck component manufacturer may be responsible for truck accidents caused by the failure of defective parts or systems.

Common Types of Truck Driver Negligence

Commercial truck drivers have a responsibility to maintain full and attentive control of their rigs at all times. Truck accidents are significantly more likely to occur in Texas when truckers exhibit the following types of negligent behaviors:

  • Distracted driving – Truck drivers who are distracted by text messages, GPS devices, food and drink, or even job-related tasks while driving may overlook changes in traffic or the road ahead and crash into other vehicles as a result.
  • Driving under the influence – When truckers are under the influence of alcohol, illicit drugs, or even certain medications, the effects of these substances can compromise essential driving abilities like reaction time and spatial awareness.
  • Drowsy driving – Driving while excessively fatigued can be just as dangerous as driving drunk. Drowsy drivers are more likely to neglect their blind spots, drift into neighboring traffic lanes, or even nod off behind the wheel.
  • Reckless driving – Reckless driving behaviors such as exceeding posted speed limits, driving too fast for conditions, lane weaving, and tailgating increase the risk of drivers losing control of their trucks and causing accidents as a result.
  • Driving errors – When truck drivers make mistakes such as failing to yield the right of way, failing to signal a turn, or running a red light or stop sign, they are more likely to collide with other motorists who have the right of way.
  • Lack of truck inspection or maintenance – Truck drivers are responsible for conducting routine truck inspections and maintenance. When drivers fail to keep their rigs in good condition, component failure can lead to loss of control wrecks.

Common Types of Trucking Company Negligence

Trucking companies play a considerable role in the operations of the commercial trucks under their control. Trucking companies may be liable for contributing to truck accidents for negligence such as:

  • Improper hiring or training practices – If trucking companies fail to properly screen or train their truck drivers, they may be responsible when their unqualified truckers cause accidents.
  • Unsafe scheduling or dispatch policies – If trucking companies set driver schedules or dispatch instructions that explicitly or implicitly encourage unsafe driving practices, they can be liable for subsequent truck collisions.
  • Failure to inspect, maintain, or repair trucks – When trucking companies fail to properly inspect, maintain, or repair the trucks they own, they can be held liable if poorly maintained truck parts fail and lead to loss-of-control truck accidents.
  • Unsafe cargo loading or securing practices – If a trucking company allows its cargo loading teams to engage in unsafe loading or securing practices, the company may be responsible for loss-of-control or cargo spill truck accidents.

Proving Liability After a Truck Wreck in Texas

When law enforcement officers, insurance adjusters, and attorneys investigate Texas truck accidents, they typically use the following types of evidence to determine who should be held accountable:

  • Police accident reports – These reports often contain helpful information such as any citations issued for traffic violations, results from toxicology tests, and the investigating officer’s official determination of fault.
  • Photos and video footage – Photos of the accident scene and video footage from traffic or dashboard cameras can demonstrate precisely how and when the crash happened and show the damage that occurred as a result.
  • Truck driver driving records – The trucker’s daily driving logs can be used to show how much time the driver spent on the road, how quickly they were traveling, and whether they performed legally required routine truck inspections.
  • Trucking company hiring and training records – The trucking company’s records could reveal negligence in screening, hiring, or training practices.
  • Truck driver cellphone and GPS records – Cellphone records can show whether the truck driver was calling or texting, and GPS records can demonstrate the driver’s relative speed and position when the accident occurred.
  • Cargo loading manifests – Cargo loading bills and manifests can be used to determine whether the truck’s cargo was potentially hazardous, within appropriate weight limits, or secured correctly.
  • Truck inspection, maintenance, and repair records– Truck driver and trucking company records of truck inspection, maintenance, and repair history can indicate any ignored defects or recalls that contributed to the crash.

How Texas Comparative Negligence Laws Could Affect Your Case

When trucking companies and their insurance providers and lawyers are on the hook for compensation after a truck accident, one of their most common defenses involves trying to pin the blame for the accident on you. Under Texas’ modified comparative negligence doctrine, the amount of compensation you are owed can be reduced if the other side can show you were partially at fault for the wreck.

Let’s say a negligent truck driver was responsible for the accident, but you were a few miles per hour over the posted speed limit when the collision occurred. If a court decides you were 20 percent responsible for the accident, any compensation award you receive would be reduced by 20 percent. So, if you successfully proved your accident-related losses were equal to $100,000, the most you could recover would be 80 percent of the total, or $80,000.

Importantly, if you are found to be 51 percent (or more) responsible for the truck accident, you will be barred from recovering any compensation at all, no matter how extensive your losses may be. A knowledgeable attorney at The Wilhite Law Firm can help you fight against false allegations and hold negligent parties fully accountable for your losses. We have some of the best personal injury attorneys in Dallas.

Our Dallas Truck Accident Lawyers Are Here to Help

At The Wilhite Law Firm, our Dallas truck accident attorneys can help you pursue justice and fair compensation for your case by:

  • Explaining your legal rights, the laws that apply to your case, and your options for seeking financial compensation
  • Calculating a reasonable estimate for your claim and providing clear, actionable legal advice every step of the way
  • Conducting an independent investigation of the truck accident to identify valuable evidence and determine who should be held responsible
  • Managing crucial paperwork, documents, and filing deadlines on your behalf to ensure your case isn’t derailed by avoidable administrative errors
  • Communicating with trucking industry representatives, insurance adjusters, and other attorneys on your behalf
  • Representing you during settlement negotiations and, if necessary, in court to argue forcefully for the full and fair compensation you deserve

Contact a Dallas Truck Accident Lawyer Today

The Dallas truck accident attorneys of The Wilhite Law Firm are deeply familiar with the tricks and tactics the trucking industry may use to minimize or deny your compensation claim. Contact us today to learn more about how we can help you fight back in a free initial case review.