Truck drivers have a responsibility to drive safely, follow Texas traffic laws, and adhere to state and federal trucking regulations. If a truck driver neglects to uphold this duty of care, he or she can lose control of the large, heavy-duty vehicle and cause a serious accident. Since trucks are much larger than passenger vehicles, these accidents often result in life-threatening injuries and fatalities. There are many risky behaviors that can cause these dangerous collisions.
Examples of Truck Driver Negligence
A truck accident can occur for several reasons, including poor road conditions, inclement weather, and mechanical defects. In some cases, the negligence of the trucking company is responsible for the car accident, such as accidents involving poorly maintained vehicles or improperly loaded cargo. In other cases, however, the driver’s negligence is to blame.
There are many negligent actions a truck driver can commit, including the following.
- Driving under the influence: It is dangerous and illegal to drive while under the influence of alcohol or drugs. These substances impair judgement, motor skills, and other functions necessary to operate a vehicle safely, especially heavy commercial trucks.
- Fatigued driving: Truck drivers can only drive a certain number of hours before taking a mandatory break. Driving while tired can be very dangerous, and if a driver violates hours of service regulations, he or she can fall asleep behind the wheel.
- Distracted driving: All drivers must focus their eyes, hands, and attention on the road. If a truck driver is busy adjusting his or her radio or talking on the phone, he or she may lose control of the vehicle or crash into another driver on the road.
- Speeding: Speed limits keep everyone safe. However, not all truck drivers follow the speed limit, especially on long, empty stretches of highway. A driver who speeds has less time to react to unexpected hazards on the road and may crash into another vehicle.
When Is a Trucking Company Liable for a Truck Driver’s Conduct?
If you suffer injuries or the wrongful death of a loved one in a Texas truck accident, you may be eligible for financial compensation. To recover this compensation, you will need to file a personal injury lawsuit in McAllen against the person or entity responsible for the accident. After a truck collision, there are multiple parties that you could name in your lawsuit. For example, if the accident occurred due to a defective part, you could file a lawsuit against the manufacturer who created it. If poor road conditions contributed to the crash, you could hold the government agency that oversees the road liable for your injuries.
In most cases, the truck driver and his or her trucking company are the defendants in your claim. If the driver’s actions caused the accident, such as a violation of traffic law or distracted driving, he or she may be solely liable for the accident. However, if the driver was an employee of the company and committed the act while performing his or her job duties, the company may share liability. You can name multiple parties in a truck accident lawsuit.
In addition, if the trucking company’s negligence caused the accident, however, you can file a lawsuit against the entity. Situations where a trucking company is liable for the driver’s conduct include the following.
- Failure to properly inspect the vehicle
- Poor maintenance and failure to repair defects
- Violation of state or federal trucking regulations
If you are in a truck accident, identifying the liable party can be a challenge. In these situations, contact a McAllen truck accident attorney to discuss your case. Your attorney will evaluate your claim and identify your optimal path to recovery.
