Can a Trucking Company Be Liable for a Texas 18-Wheeler Crash?

The aftermath of an accident with an 18-wheeler truck could be devastating. Victims may face severe injuries, emotional trauma and financial burdens. While the truck drivers may seem at fault, trucking companies frequently share responsibility for these destructive crashes.

Below, Anderson, Cummings & Drawhorn discuss 18-wheeler crashes in Texas, including how liability could fall not only to the truck driver, but also the trucking company.

If you or a loved one were injured in a truck accident involving an 18-wheeler, you may be eligible to seek compensation for your damages. Our Fort Worth truck accident attorneys have extensive experience managing truck accident cases, and we are here to help you through this difficult time.

Request a FREE case review today: (817) 920-9000.

How Can Trucking Companies Be Liable for a Crash?

Texas law holds trucking companies to a higher duty of care, which means they are required to prioritize public safety in their operations. This responsibility includes ensuring they properly maintain their fleet of trucks, effectively train their truck drivers and other personnel, and enforce industry, state and federal safety protocols. Trucking companies can face significant liability for damages resulting from accidents if they fail to meet their obligations.

Here are some specific ways trucking companies can be held liable for damage resulting from an 18-wheeler crash:

Inadequate Training of Truck Drivers

Companies that fail to provide comprehensive instruction on safety procedures, regulations, and vehicle handling increase the risk of accidents. If a driver is not trained correctly, the company may be liable for accidents resulting from the driver’s lack of knowledge or skill.

Failing to Properly Maintain Trucks

Trucking companies must perform regular inspections and maintenance on their vehicles. Neglecting vehicle maintenance could lead to mechanical failures, which may result in serious accidents. Keeping their trucks in good condition is a consistent protocol and a legal obligation that can impact liability.

Hours of Service Violations

Federal regulations limit truck drivers’ ability to operate their vehicles without a mandatory break. If trucking companies pressure drivers to exceed these limits or fail to monitor compliance with these regulations, they may be held responsible for accidents caused by driver fatigue.

Improper Loading of Cargo

Overloading or improperly securing cargo can significantly increase the risk of accidents. Trucking companies must ensure that loading procedures are followed correctly. If a company fails to do so, it may be liable for any accidents that arise from improperly loaded cargo.

Negligent Hiring

Trucking companies must conduct thorough background checks on potential drivers. This includes reviewing driving records, verifying licenses and certifications, and administering drug tests. If a company hires an unqualified or high-risk driver, it can be held liable for any accidents that occur as a result.

Vicarious Liability

This legal principle holds employers accountable for their employees’ actions while on the job. If a truck driver causes a crash while on the job, the trucking company may be found liable for that incident. The company could still bear the financial responsibility even if the driver acted carelessly.

How Can I Prove a Trucking Company Is Liable for My Fort Worth 18-Wheeler Crash?

Proving a trucking company’s liability requires demonstrating they were negligent in some way and that negligence led to the crash that injured you. Texas uses a comparative negligence system, so even if you contributed in some way to the crash, you may still have a claim. However, if you are found more than 50 percent at fault, you cannot seek financial compensation for your damages.

Key pieces of evidence that could help to establish the driver or trucking company’s liability may include:

• Driver logs and electronic recording devices
• Maintenance records
• A history of violating federal or state safety regulations
• Documents that show a failure to conduct adequate hiring and background checks
• Communication records between the driver and the company

It is crucial for victims and their attorneys to act swiftly to secure critical evidence after a collision involving a big rig, semi-truck or 18-wheeler. Key evidence, such as trucking records, traffic camera footage and other vital records may get destroyed, lost or overwritten very quickly. Timely action is necessary to protect your case.

Common Injuries in 18-Wheeler Crashes

The size and weight difference between commercial trucks and passenger vehicles can lead to devastating injuries for those in smaller cars. The consequences can be severe when an 18-wheeler is involved in a crash. The most common injuries include:

• Traumatic Brain Injuries (TBIs): TBIs can range from mild concussions to severe or permanent damage that affects the victim’s cognitive function and overall quality of daily life. Victims may face long-term challenges in memory, attention and emotional regulation.
• Spinal Cord Damage and Paralysis: Injuries to the spinal cord can result in partial or complete paralysis. This damage can dramatically alter a victim’s mobility and independence, requiring them to have lifelong and extensive rehabilitation and support.
• Broken Bones and Crush Injuries: The force of a collision with a large truck can cause multiple fractures or crush injuries, often necessitating surgeries and prolonged recovery periods. Victims may face chronic pain and limitations in physical activity even after healing.
• Internal Organ Damage: The impact of a truck accident can cause severe injuries to internal organs, which may not be immediately apparent. These injuries often require emergency medical intervention and can have life-threatening consequences if left untreated.

Injuries resulting from a truck crash are often extensive, resulting in significant medical expenses, extensive rehabilitation needs, and ongoing long-term care. The financial impact can be devastating, making it crucial to hold all responsible parties accountable.

Challenges in Trucking Company Liability Cases

Pursuing a claim against a trucking company is a complicated and daunting process. Victims face several unique challenges that could make it difficult to seek justice and compensation. Here are some key hurdles to consider:

Complex Investigations

Truck crash cases are different from crashes involving passenger vehicles. They are more complex and often require specialized experts, like accident reconstructionists, to analyze the scene and vehicle data. Their insight can help to build a robust case, but it also increases the overall cost of a case.

Multiple Parties Involved

Truck accident cases often involve several parties, such as the driver, trucking company, vehicle manufacturers and maintenance providers. Identifying all potentially liable parties is essential for a comprehensive claim. Each party’s insurance coverage and legal responsibilities complicate the pursuit of accountability.

Insurance Complications

Commercial trucking policies typically have high coverage limits, which can lead to aggressive defense tactics from insurance companies. These insurers may employ strategies to try to minimize payouts to victims, such as casting doubt on a victim’s credibility or trying to shift blame to the victim. Navigating these complexities requires experienced legal representation.

Federal Regulations

The trucking industry is governed by intricate federal regulations, including hours of service, driver qualifications, proper cargo loading, vehicle maintenance and more.

Imbalance of Resources and Legal Representation

Trucking companies and insurers often have vast resources, including teams of lawyers and experts. This can greatly disadvantage victims who do not have skilled legal representation.

How Can Drivers Reduce the Risk of a Crash With an 18-Wheeler?

As a passenger vehicle (car) driver, sharing the road with large trucks requires extra caution and awareness to help prevent accidents. By focusing on defensive driving tactics, you can help reduce the risk of being involved in a crash with a semi-truck, 18-wheeler or other big rig.

These tactics include:

• Staying out of a semi-truck’s blind spot zones
• Avoiding passing on the right as truck drivers cannot see you there
• Not driving between two 18-wheelers
• Putting a lane between you when possible
• Not following a big rig too closely
• Never cutting off an 18-wheeler (they will not see you and will be unable to stop)
• Using your turn signals to clearly communicate with truck drivers and other vehicles

By being aware of truck drivers’ challenges and following these safety tips, you can significantly reduce the risk of a collision while sharing the road with large commercial trucks. Always prioritize safety and stay alert to your surroundings.

Injured in a Truck Accident? Reach Out to a Trusted Lawyer Today

18-wheeler accidents can have a devastating impact on those involved. Having an attorney fight for the compensation you deserve ensures your best interests and legal rights are protected.

At Anderson, Cummings & Drawhorn, we help injured victims every day, including those injured in Fort Worth truck crashes. We are deeply committed to helping victims hold at-fault truck drivers and trucking companies accountable for their negligent actions.

Worried about cost? Our trusted law firm charges no upfront costs or fees. We only get paid if you do. Contact us for a free case review to discuss your situation and potential legal options.

Experienced Lawyers. Proven Results.: (817) 920-9000