Aerial view of truck accident. | Patrick Daniel Law

Determining Fault in a Truck Accident

Truck accidents are thoroughly investigated by local police, state agencies, and (in some cases) the National Transportation Safety Board (NTSB). The National Safety Council (NSC) reports that in 2022, there were 161,000 injuries and 5,936 deaths in crashes with large trucks. Those injured or killed were predominantly the occupants of vehicles other than the truck or non-occupants (74% and 81%, respectively).

Because of the large number of victims that may be involved in a truck accident and the essential nature of commercial trucking, authorities have a significant interest in ensuring that serious errors and safety violations are not repeated. Trucking companies and their insurers also have an interest in minimizing accidents. However, their investigations focus more on the financial ramifications than safety concerns.

All of these parties have the knowledge and resources to get to the truth of what caused a truck accident. But it is important to keep in mind that none of them have your best interest in mind.

Hiring a lawyer after a truck accident is imperative for protecting your rights. One of the most important roles an attorney can perform is investigating the accident on your behalf. Based on the recovered evidence, accident reports from the NTSB and other agencies, and testimony from expert witnesses, your lawyer can identify who is at fault in a truck accident and pursue the compensation you deserve.

Potential At-Fault Parties in a Truck Accident Claim

The results of your truck accident lawyer’s investigation will likely reveal that more than one party is at fault for the crash.

Common defendants in truck accident claims include:

The Truck Driver

As with all accident claims, the driver or drivers involved face immediate scrutiny. This is especially true of commercial truck drivers, who are trained to handle big rigs and are subject to rules and regulations that are much more extensive than those that apply to other motorists.

Some of the most common causes of accidents where the truck driver is at fault include:

Excess Speed: The Federal Motor Carrier Safety Administration (FMCSA) defines excessive speeding as traveling 15 mph or more over the posted speed limit. Violating this provision is considered a “serious offense” that can result in disqualification from operating a commercial truck.
Reckless Driving: Many different behaviors may constitute reckless driving, including driving too fast for conditions, running stop signs and red lights, not yielding to other drivers, etc.
Improper Lane Changes: 18-wheelers are massive vehicles with correspondingly large blind spots. When truck drivers fail to check blind spots before changing lanes, nearby vehicles are in serious danger.
Tailgating: Semi-trucks require more space to come to a complete stop. This distance increases when the trailer is fully loaded. A big rig may not stop in time if the truck driver follows another vehicle too closely.
Distracted driving: Except in the event of an emergency, truck drivers are prohibited from using a cell phone behind the wheel. And yet, texting and talking on the phone are a major cause of truck accidents. Other distractions—such as eating, drinking, smoking, using the radio, etc.—can also increase the risk of a crash.
Driving under the influence: According to FMCSA regulations, truck drivers are “forbidden to use alcohol, be under the influence of alcohol, or have any measured alcohol concentration, while on duty, or operating, or in physical control of a commercial motor vehicle.” Drug use is similarly prohibited. And yet, alcohol and drug abuse are a persistent problem in the trucking industry, frequently contributing to some of the most devastating accidents.

Truck drivers may also be at fault for accidents when they fail to inspect their rig and the cargo before starting a trip. Missing or ignoring items on the CDL pre-trip inspection checklist can lead to mechanical failures and malfunctions that result in a crash. Unsecured loads increase the risk of the truck driver losing control and can cause the rig to jackknife or tip over.

Violations of these and other rules represent a breach of duty by the truck driver. Proving that the driver was negligent is key to the success of your truck accident claim. A knowledgeable lawyer can gather crucial evidence to establish that the driver was at fault and that you are entitled to compensation.

The Trucking Company

Some truck drivers work as independent contractors. If this is the case, you may be limited to bringing a claim against the negligent owner-operator in the event of a crash.

Many drivers, however, are hired by trucking companies to transport cargo. The driver’s employment status can majorly impact your truck accident claim. If the driver was operating within the scope of his or her job when the crash occurred, the employer may also be liable for your injuries and damages.

Employers are legally responsible when a worker causes injury to someone else. Trucking companies know this, which is why it is not uncommon for drivers to be misclassified as independent contractors in an effort to avoid liability for accidents.

Lawyers have the knowledge and resources to delve into employment records and establish that the at-fault driver is indeed an employee. Investigation into company records may also reveal other types of negligence that contributed to the truck accident, such as:

Improper hiring practices
Lack of testing for alcohol, drugs, and disqualifying medical conditions
Failure to train drivers
Errors in maintaining and repairing trucks under the company’s ownership
Pushing drivers to violate the federal hours of service regulations, leading to truck accidents caused by driver fatigue
Failure to disqualify a driver who commits a major or serious offense

Trucking companies are notorious for doing whatever they can to undercut accident claims. Large carriers are known to have their own investigators on the payroll who—unsurprisingly—often find that the accident was not the fault of the company. Representatives for the company (as well as insurance carriers) will also try to get you to settle your claim for less, make a statement against your interest, and more. Working with an attorney is of the utmost importance to avoid falling prey to these sneaky tactics.

The Manufacturer of the Truck

Companies that design, manufacture, and sell semi-trucks and parts are responsible for ensuring that their vehicles and components are safe and function according to industry standards. When parts on a tractor-trailer fail, serious accidents can occur.

Before you can bring a claim against a manufacturer, you must be able to show that the truck or one of its components was defective. This requires a detailed inspection of the rig. Unfortunately, trucking companies often take possession of the truck immediately following an accident.

Your truck accident attorney can demand that the carrier preserve the truck for independent inspection. Automotive engineering experts can inspect the truck and the trailer for potential defects and provide testimony on how a substandard design or faulty part should work.

A Mechanic or Service Center

Crashes caused by mechanical failures may also occur due to negligence in maintaining the truck. Responsibility for ensuring that the truck is maintained may fall on the owner-operator, a trucking company, or a combination of the two (if the tractor unit is owned by one party and another owns the trailer). However, liability for accidents caused by negligent service and repairs may also rest with the mechanic or service provider entrusted to work on the truck.

As with truck defects, inspection is necessary to determine if the semi was properly maintained prior to the accident. Maintenance and repair records should also be perused to determine if scheduled service and other work have been neglected. Expert testimony concerning how the truck’s condition deviates from what constitutes “safe working order” for a semi-trailer can establish fault.

The Loading or Shipping Company

Semi-trucks must be properly loaded to ensure the cargo is balanced and secured. This duty is shared by the truck driver (who is responsible for inspecting the cargo in the course of a haul) and the company that loads cargo on the truck before it is transported.

Many truck accidents are caused by excess loads or weight that is unevenly distributed. Fault in these crashes may be attributed to the shipping company for negligent loading of the truck, the truck driver for failing to inspect the load, or a combination of the two.

Other Parties

It is often difficult to determine precisely what happened in the immediate aftermath of a truck accident. A comprehensive investigation could reveal that one or more additional parties may be at fault.

For example, the truck driver may lose control of the rig due to another driver’s carelessness, such as cutting off the semi or drifting between lanes. This may result in a collision with the other vehicle, or it could be a “near miss” that causes the accident in which you are involved. If this is the case, you may be able to bring a claim against the driver of another vehicle.

Dangerous roads are another potential cause of truck accidents. Highways and other heavily trafficked roads often suffer significant damage that can lead to collisions if they are not properly designed and maintained. A lawyer can identify which government agency is responsible for maintaining the road and take legal action on your behalf if a defect in the road led to a truck accident.

Proving Fault in a Texas Truck Accident

Establishing fault in a truck accident requires a detailed and strategic approach. After you identify the liable party, it’s time to gather evidence to support your claim, including:

Documentation of the accident scene (photos, video, road conditions, diagram of vehicle positions, etc.)
Police reports
Witness statements
Electronic logging device (ELD) data
Maintenance records
Accident reconstructionist testimony

With your evidence assembled, it’s time to determine negligence. This requires proof of the following four elements:

Duty of Care: The liable party/entity was legally obligated to act with care and do no harm.
Breach of Duty: They failed to meet this obligation through reckless or negligent behavior.
Causation: There is a direct link between the breach of duty and the accident that caused the injury.
Damages: The injury resulted in actual damages for the victim (medical bills, lost wages, pain and suffering, etc.).

While taking all of this on may seem impossible, it is old hat to a skilled attorney. They live and breathe proving their point and will help you to assemble a strong claim for compensation.

What If You Are Partially At Fault for the Truck Accident?

Sometimes, the driver of the passenger vehicle is partially at fault for an accident involving a semi-truck. Perhaps you were going slightly over the speed limit or had to come to a sudden stop.

In most states, negligence on your part does not prevent you from recovering damages. However, being partly at fault will result in a reduction in compensation proportionate to your share of fault.

For example, Texas operates on the principle of modified comparative negligence. Plaintiffs who are partly at fault can recover a portion of the damages they would have been entitled to, provided the plaintiff’s responsibility for the accident does not exceed 50%.

Truck drivers, trucking companies, and their insurers will likely argue that you are at fault for the accident. If this tactic succeeds, you may recover less than you deserve in damages or even lose your right to bring a claim. For this reason, it is important to start working with a Houston truck accident attorney as soon as possible after the crash.

Who Determines Fault in a Truck Accident in Texas?

While insurance adjusters are typically the ones to determine fault in a truck accident, it isn’t exactly as simple as that. Several parties come into play when establishing fault, including:

Police Officers: The police will arrive at the scene and make a report of the incident to the best of their ability. This report will be taken into account later when fault is determined. However, these reports can be incomplete depending on the circumstances of the accident.
Insurance Adjusters: The insurance companies involved will conduct independent investigations. After reviewing the police report, interviewing witnesses, and analyzing evidence, they will attempt to come to a settlement agreement. However, an attorney can step in at this point if the settlement offer seems unreasonable.

Note: You should not offer a statement to any insurance adjuster without the advice of council. Insurance companies will try to catch you in an admission of liability in order to avoid paying out. Your lawyer is capable and willing to negotiate on your behalf.

Attorneys: Your lawyer will play a pivotal role in establishing fault. They will conduct their own investigation, consulting accident reconstructionists and mechanical experts to decipher exactly what happened. Once they understand your level of fault, they can negotiate for a fair settlement or take your case to trial if necessary.
Judge or Jury: Should your case need to go to trial, the judge or jury will ultimately decide fault based on the evidence presented by both parties. If the result is still unfavorable, your lawyer can appeal the decision.

A truck accident attorney is invaluable at all steps along the way to the compensation you need and deserve for your injuries. Their knowledge, resources, experience, and meticulous nature will ensure that everything is done to secure a settlement or judgment that will cover your losses and assist in your recovery.

What Is Wrongful Death in Texas?

When someone’s death is caused by the negligence or wrongful actions of another party, it is considered a wrongful death. Texas law defines wrongful death as a death caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default” (Texas Civil Practice and Remedies Code § 71.002(b)).

Certain family members may have the right to file a wrongful death lawsuit if their loved one dies due to the negligence of another party, such as in a truck accident. Specifically, the surviving spouse, children, and parents of the deceased may be able to seek compensation for their tragic loss.

Possible damages in a Texas wrongful death claim include:

Medical expenses incurred before death
Lost earning capacity
Funeral & burial expenses
Loss of companionship & society
Loss of inheritance

Losing a loved one is heartbreaking. Seeking compensation through a wrongful death claim doesn’t just help you stay above water financially as you mourn. It also holds those who acted negligently accountable. A truck accident attorney can fight for your rights while you focus on your family at this terrible time.

When Should I File a Truck Accident Claim?

Filing a truck accident claim promptly helps to ensure just compensation in your case. The statute of limitations on a truck accident claim in Texas is 2 years. That means you must establish fault, gather evidence, consult experts, negotiate with the insurance companies, and determine if you need to file a suit all within two years or risk losing your right to pursue compensation.

If you aren’t sure you have a case, request a FREE case review with an attorney. They can advise on whether your claim is viable, calculate damages, and ensure all deadlines are met.

Contact A Houston Truck Accident Lawyer Today

Being involved in a truck accident is a traumatic experience. Your first priority should be your physical, mental, and emotional well-being, not worrying about getting to the bottom of the crash.

At Patrick Daniel Law, we take a Strategic. Meticulous. Merciless. approach to serving our clients. We understand the complexities of fault in a truck accident, which enables us to perform comprehensive investigations, hire the right experts, and develop an individualized legal strategy.

Attorney Patrick Daniel mercilessly pursues the compensation our clients deserve, whether negotiating a favorable settlement or going to court. Contact Patrick Daniel Law today for a FREE case review. Our truck accident lawyer serves clients throughout Houston, all of Texas, and nationwide.

Who Is At Fault for a Truck Accident?