18-wheeler truck accidents can be devastating, causing severe injuries and even death. If you or a loved one has been involved in an 18-wheeler truck accident in Texas, it’s important to understand the various forms of liability that may be present and how Texas law applies to them. In this guide, we’ll discuss driver negligence, mechanical failures, and employer liability, and provide tips on how to protect your rights and seek compensation as an injury victim.
Driver negligence is the most common form of liability in 18-wheeler truck accidents. This occurs when a truck driver fails to exercise the same level of care and caution as a reasonable person would under similar circumstances. Common examples of driver negligence include:
- Distracted driving: using a cell phone, eating, or engaging in other distracting activities while driving
- Fatigued driving: driving while fatigued or working excessive hours without proper rest
- Impaired driving: driving under the influence of drugs or alcohol
- Reckless driving: speeding, tailgating, or making unsafe lane changes
If the driver of the 18-wheeler truck is found to be negligent, they can be held liable for any injuries or damages caused by the accident.
Another form of liability in 18-wheeler truck accidents is mechanical failures. This occurs when a mechanical defect in the truck or its components, such as brakes or tires, causes an accident. In these cases, the manufacturer of the defective equipment or the trucking company responsible for maintaining the truck may be held liable for any injuries or damages caused by the accident.
In some cases, an employer can also be held liable for an 18-wheeler truck accident. This is known as vicarious liability. Under Texas law, an employer can be held liable for the actions of its employees if the employee was acting within the scope of their employment at the time of the accident. For example, if a trucking company allows its drivers to work excessive hours or fails to properly maintain its fleet of trucks, it can be held liable for any accidents caused by driver fatigue or mechanical failures.
Protecting Your Rights and Seeking Compensation
If you or a loved one has been involved in an 18-wheeler truck accident, it’s important to take steps to protect your rights and seek compensation. Here are a few tips to keep in mind:
- Seek medical attention: Even if you don’t think you’ve been seriously injured, it’s important to seek medical attention as soon as possible. Some injuries, such as traumatic brain injuries and spinal cord injuries, may not be immediately apparent.
- Gather evidence: If possible, take photos of the accident scene, obtain the contact information of any eyewitnesses, and file a police report. This evidence can be used to establish liability and support your claim for compensation.
- Contact a personal injury attorney: An experienced personal injury attorney can help you navigate the legal process, deal with insurance companies, and fight for the compensation you deserve.
Note: This is an informational article and not legal advice. It is always recommended to consult an attorney for legal advice.
How The Lopez Law Group Can Help
If you have been involved in an 18-wheeler truck accident case in Texas, it is important that you speak with our experienced 18-wheeler truck accident lawyers in Weslaco, TX, to determine who is at fault. The Lopez Law Group can help you investigate the circumstances of the accident and gather evidence to support your legal claim. Hire an experienced 18-wheeler truck accident attorney and get the justice you deserve. You may view our FAQs for any general questions about our legal process. You can contact us at 956- 420-0781 today for a free consultation.