Who is to Blame for Your Damages and Pain from and 18-Wheeler Accident?
Many, possibly: when filing a claim involving an 18-wheeler accident, anyone or a number of different parties can be responsible, and held liable for your accident: The list includes:
The truck driver.
The company he or she works for.
The company that loaded the trailer.
The person who planned the truck’s route.
Maybe even a manufacturer of a truck part.
That last category comes into play rather often. Trucks are made up of countless parts. All must operate as they should in order for the truck to safely operate on the road. Design defects or manufacturing flaws in parts used by a truck may be the fault of the manufacturer, in which case a product liability claim or case might be brought against the manufacturer. For example, if a truck has faulty brakes that are a result of a manufacturing defect which causes the truck to slam into your car, or if a strap holding cargo in place has a design flaw which allows cargo to come loose and topple over on your pickup truck as you drive side-by-side on the interstate, a manufacturer may be held responsible for your injuries or other damage. However, if a part malfunctioned due to maintenance or repair, then the carrier or the shop to which the work was outsourced might be at fault.
Plus, in the past few years, state and county road offices are outsourcing even more of their road maintenance and highway construction to private companies. So if that company’s construction zone creates conditions that cause an 18-wheeler to hit you, they may also be the liable party to the accident. And all private companies retained by the state to build and maintain Texas roads must provide either direct liability insurance coverage or provide a liability bond to the state.
So when you have been hurt in a trucking accident, determining all who are responsible for the wreck is the first thing that must be done: immediately! Finding those responsible leads to identifying legally liable parties for the injuries you or your loved one suffered as well as property damage. In many 18-wheeler accidents, multiple parties may be liable for such negligence. There is no limit to the number of rightful defendants. This is due to a legal concept in Texas law called “respondent superior.” It establishes that employers of those found to be liable for their actions or inaction while on-the-job are legally responsible for their behavior.
In order to win your claim among a number of likely defendants you need an experienced local 18 wheeler accident lawyer on your side that also has the ability to investigate the scene of an accident, determine who is (and isn’t) liable, and set your sights on them. This investigation is over-and-above the normal local or state law enforcement investigations. And though most of the time those investigations do reveal the primary responsible party, they consistently stop-short of the type of examination that experienced truck accident lawyers and their investigator’s conduct. These “drill-down” investigations reveal every liable party, and the degree of the responsibility each one played in the wreck. Occasionally, our investigations uncover other facts of the case that law officials miss. We pass them along to them for further action if they feel it is warranted. And that’s a good thing for you.
Injured 18 wheeler accident victims, as the plaintiff in the case, must determine whether the negligent truck driver caused the wreck, or if a mechanical malfunction might be responsible, or if someone else played an important part. Many different contributing factors can abruptly lead an 18 wheeler into your life. The company that owned the cargo may have failed to properly load it or didn’t properly secure it. This made it shift or break free during transport and toppled the trailer onto your vehicle. Or the transport company’s route planner was negligent in sending the truck into an area not zoned for 18-wheelers. Or many other negligent acts may have caused this wreck. Rare is the time when we see an open-and-shut 18 wheeler injury accident case. This is why it is in your best interests to harness the expertise of an 18 wheeler accident injury lawyer who will assure that all the liable parties for your injuries from that big rig accident are held responsible for your injuries, pain and suffering, lost wages as well as the damage to (or replacement of) your vehicle and its contents.
Our Law Firm has decades of experience handling personal injury litigation in large truck wreck cases. If you or a loved one has been hit by one of these monsters and you are blameless, our expertise assures that you should receive the fairest compensation possible for the injuries and pain you have suffered or if a wrongful death of a loved one has occurred. We’ve helped deliver millions of dollars to hundreds of negligent accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation possible for you.
Call us today at 1(800) 862-1260 (toll-free) for a free consultation with our accident attorneys. Get on the road to recovery so you and your family can get on with your lives.