Who Should Be Held Responsible in a Truck Accident?

Personal injury lawyer

Truck accidents are among the scariest accidents that take place on Texas roads. When you compare the size of a semi or 18-wheeler truck (some of which can weigh up to 80,000 pounds) with that of a vehicle, which averages 4,000 pounds, you can get a better sense of the comparison in damage. The result is often fatal or if victims do survive, they risk the possibility of life-altering complications.

Medical bills, loss of income, pain and suffering, property damage, and other damages that were a result of the accident should be sought after for compensation. Every accident is different but one commonality that most truck accidents share is that the battle is not easy. Truck companies are armed with their own lawyers who specialize and have extensive experience in these types of accidents. They do everything possible to make sure the company is protected and will not be held accountable. For these and other reasons, it’s best to team up with a personal injury lawyer who can help prove your case. If the accident was not your fault, there are several possible people or entities who should be held responsible. It could have been the negligent truck driver who was texting or falling asleep behind the wheel, the truck company who employed the driver, the manufacturer of the truck if a part was defected and needed to be fixed, and/or the person or people who overloaded the truck causing it to break down.

Let’s further explore these possibilities:  

The Driver or the Company

Truck drivers face many challenges, that is not to say they shouldn’t face consequences for their negligence. However, some truck drivers risk putting themselves and others in danger when they choose to drive with a limited amount of sleep or other risks such as texting and driving. If the driver is responsible for the accident, suing him or her will depend on the worker’s status. Some drivers are independent contractors, which means they have their own private insurance. As an independent contractor, the driver is solely responsible for his or her actions. If they are employed through a trucking company then it may be necessary to sue the company instead.     

The Manufacturer of the Truck

If the driver of the accident is not at fault and the accident was caused by a malfunction of the truck such as faulty materials that should have never been placed on the truck or defected tires, then your personal injury lawyer can go after the manufacturer of the truck. Truck manufacturers should be well aware of all the parts that go on trucks since they are intended to keep the truck secure, withstanding harsh conditions, and carry heavy cargo. That brings us to another possibility. While semi and 18-wheeler trucks are intended to carry heavy cargo, overloading them may result in an accident.     

The Company Who Loaded the Cargo

The person or entity who loads trucks knows the weight limit on each truck. While there is high pressure to get all of the materials loaded, it’s also critical that the person loading the cargo takes into account that too much weight will put pressure on the tires of the truck. This can easily cause the driver to lose control if one of the tires blows out. With a truck going out of the lane, it can take out the cars nearby, easily causing a ripple effect. Your personal injury lawyer will investigate the accident and if an overloaded truck is to blame, the person or entity who loaded it will be held responsible.   

Contact the Law Office of Javier Martinez Jr., P.C. Today

If you or someone you know was involved in a truck accident, a personal injury lawyer can help you fight this complicated and often lengthy battle. Attorney Javier Martinez, Jr. has over 19 years of experience defending victims and their families in El Paso who was involved in horrific truck accidents. Do not face this challenge alone! Contact us today.