How to Determine Liability in a Texas Truck Accident

The aftermath of any Texas truck accident can be overwhelming, making it difficult to determine who is liable for your injuries. The shock and adrenaline may inhibit your memory or make details unclear. Therefore, we suggest contacting our knowledgeable team at Mott & Moffett to listen to your story, document important details, and gather evidence to determine whose negligence caused the accident. We may also help you fulfill the burden of proof you carry as the victim to better your chances of a fair settlement.

With our years of experience and successful legal strategies, we may be able to identify the at-fault party and hold them accountable for their reckless behavior that caused your injuries. You do not have to go through this process alone. With our compassionate team by your side, you can focus on recovery while we handle every aspect of your case from start to finish.

Who May Be Liable in a Texas Truck Accident?

Truck accidents often happen suddenly, so those involved may have different versions of the incident, making key details unclear. Our lawyers have experienced these situations before, and we may be able to help you determine whose negligence caused the accident. Potentially liable parties for a truck accident include the following:

  • Truck driver: The truck driver may be liable for the accident if they drove recklessly, drove under the influence, or ignored traffic laws.
  • An employer: If the truck driver’s employer failed to train their employees properly, did not maintain their trucks, or overworked their drivers, they could be held responsible.
  • Another driver: Perhaps another driver caused the truck driver to swerve, resulting in an accident. In this case, the other driver may be liable.
  • A government agency or property owner: If poor road conditions caused the truck accident, the government agency or owner of the road might be liable because they are responsible for keeping their roads safe and free of debris.
  • Loading crew: The loading crew is responsible for ensuring a truck’s cargo does not shift in transit, so if poorly loaded cargo causes the truck to flip or get into an accident, the crew could be responsible.

Our professional attorneys are always prepared to take on any case, regardless of who is at fault. No challenge is too big for us to handle.

What Is the Burden of Proof in Texas Truck Accident Cases?

As the victim, you carry the burden of proof in a truck accident case. This means you are responsible for presenting evidence that proves the following points:

  • The liable party owed you a duty to drive carefully and safely
  • They breached this duty by behaving recklessly
  • This negligence caused your injuries
  • Your injuries resulted in damages

We understand this can seem overwhelming, but you can take steps after the accident to help prove fault. We suggest taking as many photos and videos of the scene as possible. This way, you can capture everything untouched and look for details you may have missed later. You can also keep documentation of your injuries and any medical feedback from a doctor or other medical professional so you have proof of your injuries. 

We may also help you gather further evidence like video footage, witness testimony, police reports, and medical records. Our lawyers can access resources like medical experts, accident reconstructionists, and traffic analysts to strengthen your case.

Comparative Negligence and Liability in Texas Truck Accidents

Texas operates as a comparative negligence state, and this system determines how liability is assigned and how it impacts the damages both parties receive. With comparative negligence, each party gets assigned a percentage of the fault for the damages caused, and that percentage gets deducted from their damages. For example, if you are 25% at fault, your compensation will be reduced by 25%. If anyone carries over 51% of the fault, they cannot recover any damages.

With this system, insurance companies may try to assign you an unfair fault percentage so you don’t collect as much compensation. If you misspeak, they could use that against you and try to offer you a low settlement. With our seasoned lawyers by your side, we can negotiate with insurance companies on your behalf and inform you about what to say, so you can achieve the compensation you deserve.

Seek Help from a Knowledgeable Texas Truck Accident Attorney at Mott & Moffett

If you have sustained injuries in a truck accident, you should prioritize seeking medical attention and recovering. If you choose to handle the legal processes that follow these accidents on your own, it can be challenging to do that. Fortunately, you do not have to do it alone. Our understanding team at Mott & Moffett may manage every aspect of your case, so you can stay informed while focusing on rest. 

We have proudly served Texas truck accident victims for several years. Our lawyers strive to provide top-notch legal strategies that better your chances of achieving a successful outcome. We want to help you make the best decisions for yourself, so you can rely on us to represent you effectively while negotiating with insurance companies and in court, if necessary. To schedule a free consultation, fill out our contact form or call us at 888-596-6582.


Subscribe To This Blog’s Feed