Can I Sue a Texas Truck Driver’s Company For My Accident Injuries?
If you’ve been a truck accident victim, you may be wondering how you can seek compensation for your injuries and damages. One option is to begin a lawsuit against the at-fault party.
In some cases, the truck driver is at fault for the accident. However, other times, the truck driver’s company is partially or fully at fault. Read on to learn the answer to “Can I sue Texas truck driver’s company for my injuries?”
When Can You Sue a Truck Driver’s Company?
Generally, you can sue the at-fault party in a vehicle accident to help pay for the expenses incurred from your injuries and physical damages. As a result, if a trucking company is even partially responsible for the circumstances surrounding your accident, you may be able to receive compensation from the company.
Trucking companies typically have liability insurance to provide funds in situations in which they are held responsible for damages. However, a personal injury attorney can help you determine the best way to receive these funds, be it through an insurance claim or legal action.
When Is a Truck Driver’s Company At Fault For an Accident?
A truck driver’s company is sometimes responsible for a trucking accident instead of the driver. Here are a few circumstances in which a trucking company may be liable in a truck accident:
- The company hired a driver with a history of reckless driving.
- The company failed to inspect and maintain the truck, leading to a malfunction.
- The company pressured the driver to drive recklessly to meet deadlines.
- The company forced the driver to work long, unsafe hours.
- The company failed to train the driver correctly.
If any of these circumstances contributed to your trucking accident, you may be able to sue the trucking company.
When Is a Truck Driver Solely Responsible For an Accident?
Meanwhile, truck accidents can also be solely the truck driver’s fault. A few scenarios in which a truck driver may be found fully liable include:
- The truck driver was intoxicated.
- The truck driver failed to follow traffic laws.
- The truck driver acted aggressively.
Can I Sue Texas Truck Driver’s Company For My Injuries If I’m Partially Responsible?
Texas is a comparative negligence state, which means that all parties involved in an accident can receive a percentage of the responsibility. However, as long as you were less than 50% responsible for the accident, you can still seek compensation from the other at-fault parties.
Texas House Bill 19
In 2021, Texas passed a bill that changed how accident victims can sue trucking companies for damages. Unfortunately, this bill makes it slightly more challenging to receive accident compensation from trucking companies.
With this bill, truck accident lawsuits are split into two parts: one for the driver and one for the driver’s company. The truck driver must first be held liable for an accident before the victim can sue the driver’s company. Additionally, the jury cannot know the trucking company’s name until the driver is found responsible for the accident.
While this bill alters the lawsuit process slightly, it does not change the fact that trucking companies can be legally responsible for accidents. You can still sue a truck company if it was partially or fully liable for your accident.
Hiring an experienced truck accident attorney is essential in receiving compensation for your injuries and damages. At Haines Law, P.C., we’ve helped numerous clients like you across the Houston area seek compensation from trucking companies. Contact us today at 281-361-3191 to schedule your free consultation.