The John A. Davis Law Firm represents Accident Injury Victims in San Antonio and South Texas

Do I Have a Truck Accident Case in Texas?

Once truck accident victims deal with the shock and trauma that follows collisions with commercial vehicles, questions about liability naturally arise. A victim struck by a commercial truck might wonder whether parties beyond the driver can be held responsible for injuries suffered. This is a valid and important question because truck accident cases often involve multiple liable parties. However, one of the first questions any victim should ask is whether they have a viable legal case at all. Call our San Antonio Truck Accident Attorneys now!
Determining whether a truck accident victim has a viable case can be complex. Numerous factors influence this determination, and the analysis requires understanding of both general negligence law and the specific regulations governing the commercial trucking industry. This is why individuals involved in truck accidents should consult with experienced truck accident attorneys before making decisions about their legal options.

The Foundation of Truck Accident Claims

Truck accidents occur for many reasons, but most crashes result from negligence by one or more parties involved in the trucking operation. Truck drivers who operate commercial vehicles have an obligation to use reasonable care when driving. This duty of care is heightened for commercial drivers because of the extreme danger their vehicles pose to other motorists.

If a truck driver fails to use reasonable care, the driver may be held responsible for injuries and damages suffered in an accident. When determining whether you have a case, one of the first considerations is whether the truck driver was negligent in some way that contributed to the collision.

Common forms of truck driver negligence include speeding, following too closely, distracted driving, fatigued driving in violation of hours of service regulations, driving under the influence of alcohol or drugs, aggressive driving, failure to yield right of way, and improper lane changes. Evidence of any of these behaviors supports a claim that the driver breached the duty of care owed to other motorists.

Multiple Liable Parties in Truck Accident Cases

Unlike ordinary car accident cases where typically only the at-fault driver bears liability, truck accident cases often involve multiple potentially responsible parties. Identifying all liable parties is essential because it maximizes the compensation available to injured victims.

Trucking companies may bear liability for accidents caused by their drivers under the legal doctrine of vicarious liability, which holds employers responsible for employee negligence within the scope of employment. Additionally, trucking companies may face direct liability for their own negligent practices including inadequate driver training, pressure to meet unrealistic schedules, failure to properly maintain vehicles, negligent hiring of unqualified drivers, and failure to monitor driver compliance with safety regulations.

Cargo loading companies may be liable when improperly loaded or secured cargo contributes to accidents. Overloaded trucks are harder to control and require longer stopping distances. Improperly secured cargo can shift during transport, affecting vehicle stability. Cargo that breaks free can strike other vehicles directly.

Vehicle and parts manufacturers may bear product liability when defective trucks or components cause accidents. Brake failures, tire blowouts, steering defects, and other equipment malfunctions may result from design defects, manufacturing defects, or inadequate warnings.

Maintenance providers may be liable when improper repairs or failure to identify defects during inspections contributes to accidents. Third-party maintenance facilities and trucking companies that perform their own maintenance both face potential liability for maintenance-related failures.

Factors to Consider When Assessing Case Viability

Prior to deciding whether to pursue a truck accident claim, several factors should be carefully considered. An experienced truck accident attorney can evaluate these factors and provide guidance about whether pursuing legal action is advisable.

Evidence of negligence forms the foundation of any truck accident case. Strong cases have clear evidence that one or more parties breached their duty of care. This evidence may include police reports documenting traffic violations, electronic logging device data showing hours of service violations, driver qualification file deficiencies, maintenance records revealing equipment problems, and witness statements describing negligent driving behavior.

The severity of injuries significantly affects case viability and value. Truck accident cases involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, amputations, or wrongful death justify the substantial resources required to pursue claims against trucking companies and their insurers. Cases involving minor injuries that resolve quickly may not warrant the same level of legal investment.

Causation must link the negligent conduct to your injuries. Even if a truck driver clearly acted negligently, you must establish that this negligence caused or contributed to the accident and your resulting injuries. Defense attorneys will challenge causation whenever possible, so evidence connecting negligent conduct to the collision is essential.

Comparative fault may affect your recovery under Texas law. If you bear partial responsibility for the accident, your compensation may be reduced proportionally. Texas follows a modified comparative negligence rule that bars recovery entirely if you are found more than 50% at fault. An attorney can assess how comparative fault might affect your specific case.

Available insurance coverage determines the practical recovery available. Commercial trucking policies typically provide coverage ranging from $750,000 to several million dollars, substantially more than personal auto policies. However, coverage limits may still cap recovery in cases involving catastrophic injuries with damages exceeding policy limits.

Favorable and Unfavorable Elements

Every truck accident case contains both favorable and unfavorable elements. An experienced attorney evaluates these factors to determine the likely outcome if the case proceeds to trial and the reasonable settlement range.

Favorable elements might include clear evidence of regulatory violations, multiple witnesses supporting your version of events, severe and well-documented injuries, sympathetic circumstances, and a defendant with significant insurance coverage or assets.

Unfavorable elements might include disputed liability, evidence suggesting you contributed to the accident, gaps in medical treatment, pre-existing conditions that defense attorneys will blame for current symptoms, and limited insurance coverage.

If an attorney sees obstacles in the case that cannot be overcome, they may advise pursuing settlement rather than litigation, particularly if unfavorable elements outweigh favorable ones. Settlement negotiations can still produce fair compensation in cases that might present challenges at trial.

Working with Insurance Companies

Trucking company insurers employ experienced adjusters and defense attorneys who handle truck accident claims regularly. These professionals understand how to minimize claim values and will use every available tactic to reduce what they pay.

Common insurance company tactics include questioning the severity of injuries, attributing symptoms to pre-existing conditions, disputing causation, arguing comparative fault, and making lowball settlement offers hoping victims will accept inadequate compensation out of desperation.

A skilled truck accident attorney understands these tactics and knows how to counter them effectively. Legal representation levels the playing field when negotiating with sophisticated insurance professionals.

Let an Attorney Evaluate Your Case

Determining whether you have a viable truck accident case requires careful analysis of the specific facts and circumstances involved. An experienced truck accident attorney can review the evidence, identify all potentially liable parties, assess favorable and unfavorable elements, and advise whether pursuing a claim is in your best interest.

Most truck accident attorneys offer free consultations to evaluate potential cases without cost or obligation. Contingency fee arrangements mean no upfront payment for legal representation. Texas law provides a two-year statute of limitations for personal injury claims, so timely consultation is important.

If you or a family member has been involved in a truck accident and you want to know whether you have a case, contact an experienced truck accident attorney to discuss the facts and learn about your legal options.