The enormity and massiveness of the commercial trucks are the reasons why truck accidents in Houston usually cause very serious injuries and a lot of destruction to property. What distinguishes a truck accident from a normal car accident is that in a truck accident case, liability is not usually easy to determine. Several parties might be held liable, and it is of utmost importance to pin down all the entities that can be held liable in order to increase the amount of money that the victims have received for their injuries. Having a Houston Truck Accident Lawyer will help you navigate this case and point out who should be the real liability in this case.
In a truck accident case in Houston, the truck driver is one of the most frequently held liable persons. The driver might be liable if his or her negligence was the reason for the accident. Typical instances are such as speeding, which may, for example, distracted driving, fatigue, impaired driving, or disobedience to traffic laws. Federal regulations impose a maximum number of working hours for truck drivers before they are required to take a rest, and the violations of these fundamental rules may very well implement a strong argument for establishing driver’s negligence.
In Houston, trucking companies usually bear legal liability in truck accident cases, and they still do. The legal concept of respondeat superior can make the employer liable for the misconduct of the driver and thus allow the victims to seek compensation from the company if an employee inflicts harm in the course of doing his/her job. Moreover, in case of poor training, lack of enforcement of safety policies, or no background checks at all, the companies can be deemed negligent directly. Unqualified labor, lack of monitoring, or asking drivers to meet impossible delivery schedules can all lead to severe accidents.
One more significant reason for truck accidents is the maintenance and inspection negligence. The maintenance contractors who are responsible for the trucks servicing can also be held liable if they conducted their work in a negligent manner, thus contributing to the crash via accident. A fleet which is not properly kept up by a trucking company is then liable for the mechanical defects induced by the accidents, for instance, defective brakes, blown-up tires, or faulty steering.
The liability might reach the manufacturer of the truck or its components. Badly designed parts such as brakes that do not work, tires that are no good, or coupling devices that do not function can cause disastrous accidents. If a defect is involved, then the harmed people may be able to file a lawsuit for product liability against the manufacturer, distributor, or supplier of the defective part.
Texas has a modified comparative fault rule in place, which means that liabilities are distributed among different parties. Each party is given a fault percentage, and the compensation is altered based on that percentage. If a victim who has suffered injuries is determined to be more than 50 percent responsible for the incident, then the victim might not get any compensation. That is why a thorough investigation is necessary as insurance firms are known to try and point fingers as a way of reducing their payouts. The lawyer who specializes in truck accidents in Houston has the ability to figure out all the parties that might be liable, collect important evidence, and make claims against each and every responsible one.
