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April 3rd, 2018

Is the Truck Driver or Trucking Company Liable for My Accident?

Determining liability in an accident caused by a commercial truck driver does not always imply the trucking company is liable for your personal injuries. One might mistakenly assume since the driver was acting in a manner that was part of his or her employment, the employer is to blame.

However, there are many other factors that must be evaluated with help from your truck accident lawyer. These could include, but may not be limited to:

  • Was the driver “on duty” and actually working? If the truck driver was “off duty” and on his way home, then only the driver may be liable for the accident.
  • Was the truck properly maintained? If the truck was not properly maintained, the trucking company could be responsible.
  • Was the accident caused by a defect in a part or component of the truck? If the brakes failed or there was some other defect in parts and components, the truck manufacturer or parts supplier may be liable for your injuries.
  • What was the extent of fault by the truck driver? Texas is an “at fault” state. This means each person involved in the accident will be assigned a percentage of the amount that contributed to the accident.
  • Is the truck driver an independent contractor? Federal Motor Carrier Safety Regulations closed a loophole in laws that used to allow trucking companies to not be held responsible for independent contractors’ accidents. However, this issue regarding liability still arises, from time to time, in personal injury lawsuits.

As you can see, there are many different factors that have to be reviewed to determine who is liable for your personal injuries. In addition, due to the statute of limitations in filing against the other party, it is vital to make sure your lawsuit is filed against all responsible parties.

It is for these reasons you should seek legal advice and help as soon as possible after your accident. To schedule a free consultation, please feel free to contact Schechter, Shaffer & Harris, L.L.P., Accident & Injury Lawyers! If you want to learn more about semi truck insurance quotes & coverages, feel free to contact Fitsmallbusiness.com.

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