McAllen, TX: 18-Wheeler Accidents – Causes, Prevention, and Legal Help

McAllen, a bustling city in the Rio Grande Valley, experiences significant commercial traffic due to its proximity to the US-Mexico border. This traffic includes many 18-wheeler trucks, which, while vital to the economy, pose a serious safety risk when involved in accidents.  

Determining liability in 18-wheeler accidents in McAllen, TX, can be a complex process due to the involvement of multiple parties and various contributing factors. Here’s a breakdown of the key players and their potential liability:  

1. The Truck Driver:

• Negligence: The truck driver can be held liable if their actions directly contributed to the accident. This includes:
  • Traffic violations: Speeding, running red lights, improper lane changes, etc.  
  • Driver fatigue: Driving for extended periods without adequate rest.  
  • Distracted driving: Using cell phones, eating, or other distractions.  
  • Impaired driving: Driving under the influence of drugs or alcohol.  
  • Improper operation: Failure to secure cargo, inadequate pre-trip inspections, etc.

2. The Trucking Company:

• Vicarious Liability: Employers are generally responsible for the actions of their employees within the scope of their employment. This means the trucking company can be held liable for the driver’s negligence.  
• Negligent Hiring and Training: If the company failed to screen, train, or supervise the driver properly, they could be liable.  
• Negligent Maintenance: Failure to properly maintain the truck, leading to mechanical failures like brake problems or tire blowouts, can also make the company liable.  
• Violation of Safety Regulations: Failure to comply with federal and state trucking regulations, such as hours-of-service rules or weight limits, can contribute to liability.  

3. Other Potentially Liable Parties:

• The Truck Manufacturer: If a defect in the truck’s design or manufacturing contributed to the accident, the manufacturer could be held liable.  
• Cargo Loaders: If the cargo was improperly loaded or secured, the company responsible for loading could share liability.  
• Government Entities: In some cases, if poorly maintained roads or inadequate signage contributed to the accident, a government entity could be partially liable.  

Determining Fault:

Establishing liability requires a thorough investigation to determine the cause of the accident and identify all contributing factors. Evidence may include:  

• Police reports: Accident reports often contain crucial information about the circumstances of the crash.  
• Witness statements: Eyewitness accounts can provide valuable perspectives.
• Electronic data: Data from the truck’s electronic logging device (ELD) can reveal information about the driver’s hours of service and driving behavior.  
• Vehicle inspections: Examining the truck for mechanical defects or maintenance issues.  
• Accident reconstruction: Experts can reconstruct the accident to determine how it occurred.  

Seeking Compensation:

If you’ve been injured in an 18-wheeler accident in McAllen, it’s crucial to consult with an experienced truck accident attorney. They can help you:

• Investigate the accident: Gather evidence and determine liability.
• Negotiate with insurance companies: Insurance companies representing trucking companies often have aggressive defense tactics. An attorney can protect your rights and negotiate for fair compensation.  
• File a lawsuit: If necessary, your attorney can file a lawsuit to pursue your claim in court.  

Texas Law and Liability:

Texas follows a “modified comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 51%. However, your damages will be reduced in proportion to your degree of fault.  We can help you navigate this process. We are experts at handling 18-wheeler truck accidents. Schedule your consultation now.