Brasure Law Firm, PLLC

A person observing an 18 wheeler Truck Accident in Texas. Texas Attorney
By: Chris Brasure

Who Can Be Held Liable in an 18 Wheeler Truck Accident?

Car Accidents Personal Injury Truck Accidents

Texas consistently ranks as one of the states with the highest number of commercial truck accidents, partly because of its extensive network of highways and high volume of freight traffic. The number of 18-wheeler (or large truck) accidents in Texas each year is significant due to the state’s large size and its major role in interstate commerce. According to data from the Texas Department of Transportation (TxDOT) there are tens of thousands of crashes involving large trucks annually in Texas.

Truck accidents are often catastrophic, leading to severe injuries or fatalities. Determining liability in these cases can be complex, as multiple parties may be involved. Here’s a breakdown of who can potentially be held responsible in a truck accident.

1. Truck Driver

The truck driver is often the first party considered for liability. They may be held responsible if they were:

  • Driving under the influence
  • Violating traffic laws
  • Speeding or driving recklessly
  • Fatigued or falling asleep behind the wheel

If the driver’s actions or negligence caused the accident, they could face legal consequences.

2. Trucking Company

The trucking company can be held liable if it is found that they:

  • Encouraged the driver to exceed legal driving hours, violating federal regulations
  • Failed to properly train their drivers
  • Neglected vehicle maintenance
  • Hired unqualified or unsafe drivers

Trucking companies are responsible for ensuring their drivers follow the law and that their vehicles are in proper working condition.

3. Truck Manufacturer

If a mechanical defect, such as faulty brakes or tires, contributed to the accident, the truck’s manufacturer could be held liable. In such cases, product liability laws come into play, making the manufacturer accountable for defective parts.

4. Cargo Loaders

Improperly loaded or overloaded cargo can make a truck difficult to control, increasing the risk of accidents. Cargo loaders can be held liable if the improper loading of the truck played a role in the accident.

5. Third-Party Maintenance Providers

If the trucking company outsources vehicle maintenance, the maintenance provider may be liable if faulty repairs or negligence led to the accident. This can include failure to check brakes, tires, or other vital components.

6. Other Motorists

In some cases, other drivers on the road may have contributed to the truck accident. For example, if a passenger car cut off a truck or caused the driver to swerve, the driver of that car might share liability.

7. Government Entities

If poor road conditions, such as lack of signage, potholes, or construction hazards, contributed to the accident, a government entity responsible for road maintenance could be held liable.

Determining Liability

Establishing who is at fault in a truck accident requires a thorough investigation. This often includes:

  • Reviewing police reports
  • Examining truck logs and black box data
  • Conducting vehicle inspections
  • Interviewing witnesses
  • Gathering expert testimony

Multiple parties can be held responsible for a truck accident. Victims of these accidents need a legal team that can navigate these complexities, ensuring that all responsible parties are held accountable. If you or a loved one has been involved in a truck accident, contacting us for assistance early can significantly impact the outcome of your case. Schedule your free consultation today. 

By Brasure Law Firm, PLLC