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Who is Liable in a Truck Accident in Texas?

September 9, 2021
Truck Accidents

Who is liable in a truck accident in Texas depends on what caused the crash and which parties were involved. If the big rig’s driver is responsible for the damages, it is not just the person in the driver’s seat who can be held accountable. Along with the negligent driver, there may be a neglectful trucking line or employer, defective truck part manufacturer, and others who may also be involved.

Contact a San Antonio trucking accident lawyer for a free consultation to explore your legal rights.

Who is Liable in a Truck Accident Case in Texas?

Legal responsibility may lie with one or more of the defendants. They include:

Truck Driver

Truck drivers are human and can make mistakes. They can make a wrong decision behind the wheel, try to push through fatigue or drowsiness, or use alcohol or drugs while on the job. Even sober and rested, they may still become distracted by their device or something else in the cab.

If you need help determining who is liable in a truck accident in Texas, contact a truck accident lawyer from our legal team for a free consultation.

Trucking Company

Employers must do thorough background checks, give proper training, monitor performance, and offer safe equipment. More often than not, trucking companies are liable for violating DOT hours of service in Texas.

Truck Maintenance Company

Outside businesses will often perform truck repairs and maintenance. Sloppy or improper work by mechanics can lead to dangerous rigs on the road.

Truck Manufacturer or Parts Supplier

Truck manufacturers or parts suppliers can be held responsible when a trucking crash is caused by a defect in the truck’s design, construction, or components. If the defect existed when the truck or part left the manufacturer and directly contributed to the trucking accident, the truck manufacturer may be held liable under product liability laws. Victims may also have claims for inadequate warnings or instructions related to the product’s use. A San Antonio defective product lawyer can investigate these cases and pursue compensation from the manufacturer or supplier.

Cargo Loaders and Shipping Companies

Improperly loaded trailers will not perform as expected and designed, particularly when cargo shifts. Improper loads can lead to overturns, jackknifing, and trucks unable to maneuver at speed.

Truck Owners or Leasing Company

Truck owners or leasing companies can be held responsible if they fail to maintain the vehicle, lease it in an unsafe condition, or provide it to an unqualified truck driver. If a trucking crash is caused by mechanical failure, worn parts, or poor maintenance, the company responsible for upkeep may be at fault. Liability also applies if they negligently lease the truck to carriers or truck drivers known to be unsafe or unlicensed.

Government Entities and Road Contractors

Government entities and road contractors may be liable for truck accidents caused by unsafe road conditions, poor design, or negligent construction work. This includes missing signs, unmarked hazards (bumps and potholes), faulty traffic control, or failing to maintain road surfaces. If a trucking crash happens because of this negligence, the government agency or road contractor responsible for the area can be held accountable.

In Texas, special notice rules and shorter deadlines apply when suing a government entity.

Can Multiple Parties Be Held Liable for a Truck Accident in Texas?

Yes, multiple parties may be held responsible for a truck accident in Texas, depending on what caused the crash. Liability may be shared between the truck driver, trucking company, cargo companies, vehicle maintenance providers, truck manufacturers, and even government entities, if hazards contributed.

Texas follows a modified comparative fault rule, meaning each party is liable for their share of fault, and truck accident victims can still recover damages as long as they are not more than 50% at fault. Identifying potentially liable parties requires a detailed investigation of crash scene evidence and applicable standards.

When are Truck Drivers Responsible For Damages in Texas?

Truck drivers are often held liable in a truck accident when their negligence directly causes the crash. This includes when they violate safety regulations, such as speeding, distracted driving, driving under the influence, or failing to secure cargo properly.

In many truck accident cases, our truck accident lawyers use truck maintenance records, police reports, and video footage to determine liability and prove that the truck driver should be found liable.

When drivers are employees of trucking companies, both can be held responsible for the resulting medical bills, property damage, and severe injuries to truck accident victims.

What is a Truck Driver Responsibility?

Understanding truck driver responsibility is essential to any truck accident claim. Drivers have a duty of care to operate the vehicle safely, adhere to FMCSA standards, and avoid creating danger to passenger vehicles. When negligence contributed to a trucking crash from behind the wheel, truck drivers, trucking companies, or other third parties may be liable for a truck accident. A thorough investigation led by a truck accident attorney helps establish liability and pursue financial compensation for all damages incurred.

If a Tow Truck Damages Your Car Are They Liable in Texas?

If a tow truck damages your car in Texas, the towing company can be held liable under Texas state negligence laws. When your vehicle is in their possession, they have a duty to handle it with reasonable care. If the damage happened while towing, loading, unloading, or storing the vehicle, and it was due to negligence, the tow company may be responsible for repair costs, loss of use, or other related expenses. This includes both private tows and law enforcement-ordered tows.

When Are Tow Truck Drivers Responsible For Damages?

Tow truck drivers are personally responsible for damages when they fail to follow safety rules, use damaged or improper equipment, or ignore standard towing protocols. Common examples include dragging a vehicle with the parking brake on, failing to use wheel lifts or flatbeds properly, or allowing the vehicle to strike curbs, objects, or other vehicles. If the damage results from the driver’s actions, the towing company can also be vicariously liable for what their employee did on the job.

Who is Responsible for Placarding a Truck in Texas?

When trucking crashes involve hazardous materials, the trucking company is the one responsible for putting the correct placards on the truck. These are warning signs that tell first responders what dangerous materials are on the truck. If placards are missing, wrong, or hard to see, that turns a regular trucking crash into a catastrophe.

Under 49 CFR § 172.506, the company that’s shipping hazardous materials is supposed to give the trucking company the correct placards. However, under 49 CFR § 172.502, it’s the trucking company’s job to actually place them on all sides of the vehicle and ensure they stay throughout the trip.

The trucking company may be held liable for a truck accident if these signs are missing or incorrect, especially in personal injury cases where emergency crews were harmed because of it.

In Texas, that kind of negligence can lead to fines and make it easier for truck accident victims to prove the trucking company was negligent.

Who is Responsible for Securing a Load on a Truck in Texas?

In Texas, the trucking company and the truck driver both have a legal responsibility to ensure cargo is loaded correctly. If cargo shifts, spills, or falls off and a truck accident happened, one or both may be held responsible for the damage.

Under FMCSA regulations (49 CFR § 392.9), the truck driver must inspect the load to ensure it’s secured before the trip starts and check it again at regular intervals. The trucking company must provide proper training for truck drivers and provide the proper equipment to secure the load safely. If a separate cargo loader or warehouse crew loaded the cargo, they also may be held liable if they did it incorrectly and the truck driver had no way to know this.

In Texas truck accident cases caused by shifting or falling load, the liable party may include the truck driver, the truck’s owner, or third-party cargo loaders. The party responsible depends on who didn’t follow the regulations.

If you were injured in a trucking accident caused by shifting cargo, contact a San Antonio jackknife accident lawyer for skilled truck accident claims assistance throughout Bexar County.

Who is Responsible For Overweight Truck in Texas?

In Texas, the trucking company and the driver both have a legal responsibility for ensuring vehicles don’t exceed legal weight limits. Under Texas Transportation Code § 621.101, most trucks are limited to 80,000 pounds gross weight.

If a truck is overweight and does not have a valid oversize/overweight permit from the Texas Department of Motor Vehicles, the driver and the carrier may be held liable for any crash the excess weight contributes to.

Even with valid permits, trucking companies must adhere to safety regulations, including loading distributions, brake inspections, and securement. If a truck accident happened due to an overloaded or imbalanced truck, liability may include the trucking company, driver, or other third parties involved in the loading.

Our personal injury lawyers can help you determine who is liable in a truck accident.

Who is Responsible When a Truck Tire Blows Out?

If a truck tire blows out in Texas, liability depends on the cause of the failure.

The trucking companies and truck drivers may be held liable if they failed to inspect, maintain, or replace worn or underinflated tires as required by FMCSA regulations.

If the blowout was caused by a defective tire, the manufacturer or parts supplier may be liable under product liability law.

If a mechanic or maintenance contractor installed the tire incorrectly or used damaged parts, they could also be to blame. In rare cases, government entities or contractors may share liability if hazards or potholes contributed to the tire failure. Determining who is liable in a truck accident in Texas requires examining the tire, maintenance records, and crash data.

Contact a San Antonio tire blowout lawyer from our law firm for a free consultation to learn more.

Who is Liable in a Garbage Truck Accident in Texas?

If a municipal entity operates the garbage trucks, the city or county may be liable.

When a private waste management provider operates the vehicle, they can be liable. In some cases, third-party contractors, vehicle manufacturers, or maintenance providers may also share fault depending on what caused the crash.

For help determining who is liable in a truck accident in Texas, consult a Bexar County garbage truck accident lawyer.

Who May Be Held Liable for a Trucking Crash Resulting in Death in Texas?

Determining who is liable in a truck accident resulting in death requires investigation. The wrongful death may fall on truck drivers, the trucking company, the parts manufacturer (for a defective part), or other parties. One or more parties can be responsible for speeding, improperly loaded vehicles, or other breaches of duty.

Our San Antonio fatal truck accident lawyers can help identify every liable party and build a strong claim for financial recovery.

How Do Trucking Companies Reduce Their Financial Responsibility After Truck Accidents in Texas?

In every single truck accident claim we’ve handled, trucking companies and their insurers do their best to reduce the amount they are liable for a truck accident. Trucking companies have the resources to quickly deploy legal teams to shift blame, dispute being responsible, and minimize victims’ severe injuries. They’ll blame an independent contractor, a third-party driver, or even a government authority to get out of paying what they should.

Our personal injury attorneys in San Antonio have witnessed some trucking companies alter records, challenge the severity of injuries, or claim the victim was at fault to reduce settlement values under the state’s comparative negligence statutes.

In many personal injury cases, they’ll involve insurance companies that are skilled at pressuring drivers to accept a lowball settlement that doesn’t come close to touching the damages the victim has suffered.

How a Texas Truck Accident Attorney Can Help You Get The Financial Recovery You Deserve

Unlike a simple case where the driver in another car was drunk or distracted, a complex range of factors caused the crash and injury. Our personal injury lawyers know how to hold all negligent parties accountable for their actions. This knowledge and experience help secure more significant, more appropriate settlements or awards for their clients.

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