When you get hit by a truck, your injuries are often far more severe than in regular crashes. Trucking companies are also responsible for driver training and certification, upkeep of their 18-wheeler fleet, and other regulatory requirements that often make them at fault for these crashes.
Going up against a trucking company is a big deal, and you should have a lawyer on your side who can help you. Our attorneys have experience in high-stakes litigation, and we can fight to get you the damages you need.
Call Cap City Injury Attorneys’ truck accident lawyers at (512) 612-3110 today for a free case evaluation.
Do You Sue the Trucking Company or the Driver?
When you sue for a crash, you usually sue the driver. However, truck accidents can cause very serious injuries, and an individual trucker might not be able to afford all of your damages. Fortunately, the trucking company can be liable in a couple of ways:
Direct Liability for Trucking Companies
Trucking companies can make mistakes that cause your crash, making them directly responsible. This can involve things like
- Improper maintenance on 18-wheelers
- Improper inspections
- Hiring uncertified drivers
- Failing to screen drivers for DUI/violations
- Failing to enforce hours of service rules
- Overworking drivers
- Falsifying hours logs
- Falsifying vehicle weights.
Negligent hiring and negligent retention of drivers they should have known were dangerous is also a major issue.
Vicarious Liability for Trucking Companies
Companies can also be made to answer for what their employees do on the job.
For this to work, there are a few requirements:
- The trucker must be an employee, not an independent contractor.
- The accident must have been caused by negligence (e.g., a traffic violation, carelessness, or inattention).
- The accident must have happened while the trucker was carrying out their work duties.
This legal principle is known as “respondeat superior” and is a common way of holding companies liable for what their employees do.
Trucker Liability
Truckers can also be held responsible directly if they do not have an employer. Self-employed drivers and independent contractors are usually handled this way.
Even though they are individuals, they still must have high-dollar insurance to operate a trucking business on their own, so their insurance can likely cover the damages.
Other Liability
If another driver caused the crash, not the trucker, then they would be responsible instead. Sometimes the truck driver is just as much a victim as you are.
Whose Insurance Covers Truck Accidents?
Texas uses an at-fault insurance system, meaning that the driver who caused the crash uses their insurance to pay. However, your insurance might have other coverages you can use to supplement your damages while you work on a lawsuit, such as collision coverage and medical payment coverage.
Who Determines Fault?
Insurance companies are left to determine fault when you file a claim through them. However, our truck accident lawyers can negotiate with them and show them additional evidence to help convince them to pay out damages.
If the case goes to trial, the jury determines fault instead.
How is Fault Determined?
When determining fault, we look for a mistake or violation that qualifies as “negligence.” Someone can only be held at fault if
- They were under a legal duty.
- Their actions violated/breached that duty.
- The breach caused the crash.
- The crash caused you injuries.
If multiple parties are at fault, the jury decides what percentage of fault each party bears, and the parties each pay that percentage of damages.
What to Do After a Truck Accident
After a truck crash, take the following steps:
Clear the Road
If your car is operational, get to the side of the road to avoid a second crash and to avoid blocking traffic. If you or the car is in bad condition and you cannot do so, do not worry about it.
Call 911
Get to a safe location and call 911, asking for police and an ambulance. The police will write up a report, and the ambulance can treat injuries and take you to the hospital.
Collect Evidence
If you can stay at the scene of the accident, take pictures, get the driver’s contact and insurance info, and get any witness contact info. Other information, like info about lighting, weather conditions, and traffic signs/signals, can also help.
Get Medical Care
Follow through with the ambulance crew’s recommendations and get all medical care you need. Your focus after an accident should be on getting better.
Call a Lawyer
Call our attorneys to help you collect further information, file insurance claims, and file lawsuits. You may also have to report your crash to your own insurance, but we can guide you through this.
FAQs for 18-Wheeler Accidents in Round Rock
How Long Do I Have to Sue?
Injury victims in Texas get 2 years to file their injury lawsuits under the statute of limitations.
Do I Need a Lawyer?
You should always consult with a lawyer in an injury case. The trucking company and insurance companies will have their own lawyers, so you should, too.
How Much is My Case Worth?
It is impossible to determine the value of your case without looking into the specific damages you faced. Cases can often cover vehicle repairs, medical bills, lost earnings (present and future), as well as pain and suffering.
Do I Have a Case?
If the trucker or trucking company caused your crash by violating a legal duty, you likely have a case. These are the core requirements of negligence. However, you can always check with our law firm in a free case review to find out more.
Is it Worth Suing?
In most cases where you have damages that have not been covered through your own insurance, you will need to at least work with a lawyer to file an insurance claim. From there, if the insurance company or trucking company refuses to settle, we can help you determine whether a lawsuit is worth it.
Often, it is worth it because it is the only way to get damages paid in full if the insurance company refuses to pay up.
How Much Does a Lawyer Cost?
Truck accident lawyers are typically paid from a percentage of your winnings, meaning that you pay nothing up front and we only get paid if we win your case. We can discuss specific percentages for our attorneys as part of a free case review.
Call Our 18-Wheeler Accident Attorneys in Round Rock Today
For a free case review, call Cap City Injury Attorneys’ truck accident lawyers at (512) 612-3110.