Commercial trucks like 18-wheelers are a vital part of the nation’s transportation system. With trucks, many of the items you pick up in the stores would never make it to the shelves. 

Even your online orders depend on commercial vehicles for shipping and delivery. While these vehicles are necessary, they can also pose risks for other drivers. 

Did you know that 56.5% of fatal vehicle accidents involve heavy trucks? This doesn’t mean you need to get off the road every time you see a large truck, only that you need to pay a little extra attention. 

However, sometimes it doesn’t matter how careful you are, you can still be involved in an accident with a heavy truck. So, who’s responsible for covering damages? Surprisingly, the truck driver isn’t always the one at fault.

Who Can Be Liable in a Heavy Truck Accident

Since Texas follows at-fault insurance rules, the individual responsible for the accident is liable for any damages. While this sounds pretty simple, it can be a little more complicated. 

Texas is also a modified comparative negligence state and this means more than one party can be responsible for an accident. This doesn’t necessarily mean you can’t file a personal injury claim if you’re assigned some of the blame.

You can file a personal injury claim if you’re found to be partially responsible for the accident, as long as you’re not assigned more than 50% of the blame. Your settlement amount will reflect your percentage of the blame. Instead of receiving the full amount, your settlement is reduced by your percentage of fault.

So, who can be responsible for a truck accident in Texas?

• The truck driver
• The trucking company
• The truck or truck parts manufacturer
• The company responsible for loading the truck
• Truck maintenance staff

The government entities responsible for maintaining road conditions may also be liable in a trucking accident.

Determining Liability in a Truck Accident Case

When you’re filing an injury claim you need to know who to name as the responsible party. No, you can’t make an educated guess or simply fall back on naming the truck driver. You must be able to prove the at-fault party is negligent.

What’s negligence? There are four elements of negligence: duty, breach of duty, causation, and damages. To put it in simple terms, you must prove the at-fault party owes you a duty of care and breached this duty. In a truck accident where the driver is at fault, you need to prove their actions placed other motorists at risk and they didn’t correct their behavior. 

Speeding is an example of a breach of duty. Causation refers to showing the driver’s actions caused the accident. When it comes to damages, you need to show your injuries are the result of the accident. Remember, other parties can also be negligible. The truck driver isn’t always the one at fault for the accident.

Investigation

Determining liability in a truck accident usually starts with an investigation. This isn’t an investigation performed by you or your attorney. Instead, law enforcement usually handles accident investigations. They will examine the accident scene, conduct interviews with involved parties, and possibly even bring in a reconstruction expert.

The trucking company may also conduct its own investigation but this is usually to try and limit their liability. A good tip is to never accept their version of events without getting a second option.

Steps to Take After Being Involved in an Accident with a Commercial Truck

After being involved in an accident with a heavy truck, you may not be able to do anything except focus on your recovery. Injuries tend to be severe after a truck accident. However, there are still some things you can do to help protect your injury claim.

File an Accident Report

This shouldn’t be a problem, regardless of your injuries. Texas law requires you to report all accidents involving commercial vehicles. The law also requires you to immediately report any accidents resulting in injuries or fatalities.

Your accident report will contain a lot of vital information that can help support your version of the accident. Most reports even contain diagrams that show how the accident probably happened. You can usually get a copy of your report within seven to ten business days.

Don’t Talk to an Insurance Adjuster

You can talk to an insurance adjuster from the trucking company, however, just keep your statements brief. Don’t allow the adjuster to record your conversations. Remember, the insurance company can use anything you say against you.

Don’t be surprised if the insurance company has a settlement offer. Yes, you’re still trying to calculate your damages so it can be a little surprising to be offered a settlement amount. Even though the settlement may seem like a lot, it’s still a good idea to refuse the initial offer. You’re still trying to figure out the extent of your damages. 

If you take the settlement now, you can’t file another accident claim. Your case is considered closed as soon as you accept the settlement.

Gather Your Supporting Documentation

You’re going to need more than an accident report to support your personal injury claim. The type of documentation needed will depend on your damages. You’ll need your medical records if you’re seeking damages for injuries. If your property is damaged, then save your bills, receipts, and repair/replacement estimates.

Since injuries sustained in trucking accidents tend to be severe, you may miss work. You can usually claim lost income, but you need to supply the insurance adjuster with bank statements and recent pay stubs. 

Your claim may also include non-economic damages, which can include your pain, suffering, and mental anguish. Expert testimony may be necessary to support your claim for non-economic damages.

Retain a Personal Injury Attorney

If you’re involved in an accident with a commercial truck, you don’t want to go through the legal process alone. You need legal representation to help you handle the company’s attorneys and insurance adjusters. 

Your attorney can help you prove negligence and ensure you receive fair compensation for your damages, managing the complex legal and insurance issues so you can focus on your recovery.