How Fault is Determined in a Trucking Accident | El Paso Attorneys

When an accident between an 18 wheeler and a normal passenger vehicle occurs on the road in El Paso, the regular car does not stand a chance. Commercial trucks can weigh up to 80,000 pounds, whereas a regular car typically weighs somewhere around 4,000 pounds, so these types of accidents tend to be very serious.

After an accident with an 18 wheeler, you will want to seek the advice of El Paso 18 wheeler accident lawyers. They can help you understand how fault is determined in a trucking accident. Unlike standard car accidents where only the people involved are those in the accident and their insurance companies, there are many others involved in 18 wheeler accidents, because they are commercial vehicles. Determining fault is not usually as clear-cut because of this.

El Paso commercial trucking accident lawyers will go through a number of steps to help you prove who is at fault in your case. These cases can be complex and there can be a lot of money at stake, so having a reputable and knowledgeable attorney is paramount. At Carabin Shaw, we have recovered over $1 billion for our clients and we will fight for you.

Who Can Be Held Responsible?

1. The Truck Driver - Drivers must adhere to strict regulations set in place by the Federal Motor Carrier Safety Administration (FMCSA). If any of these guidelines are disobeyed, this can prove negligence and fault on behalf of the driver. Beyond the FMCSA guidelines, truckers still have to obey the regular rules of the road, so if it is found that a trucker was neglecting standard traffic laws, this can also put them at fault. Contact a lawyer if you believe a negligent truck driver caused your accident.
2. The Trucking Company - Trucking companies in El Paso have a responsibility to ensure that their drivers are safe on the road. If they force a driver to drive longer than the FMCSA guidelines allow, this can cause fatigue - and accidents - and ultimately make the trucking company liable. Similarly, if they don’t uphold safety precautions like routine maintenance, drug and alcohol tests, and appropriate training, they may be held liable. El Paso accident attorneys are experts at determining fault in these situations.
3. Truck Manufacturer - If the truck was manufactured in a faulty way that caused an accident, the manufacturer can be held liable as well. Contact El Paso 18 wheeler accident lawyers if you believe a manufacturer’s defect caused your accident.

Determining & Understanding Negligence

To prove negligence, El Paso commercial trucking accident lawyers must show that the defendant owed a “duty of care” to the plaintiff and that the defendant breached that duty of care. In general, all drivers on the road owe a duty of care of safety to each other, so breaking any of the aforementioned rules and regulations could be classified as negligence.

Texas is a Modified Comparative Fault state when it comes to how fault is determined in a trucking accident. This means that fault can be divided between the two drivers involved in the accident. However, note that the plaintiff cannot sue for damages if it is determined that they are more than 50% responsible for the accident. When fault is distributed between the two drivers, the plaintiff can only be awarded the portion of the settlement for which they are not responsible. If they are only 25% responsible for the accident, they are entitled to 75% of the damages awarded.

What to Do After an Accident

If you’ve recently been involved in an accident with a commercial truck, let El Paso accident attorneys help you. El Paso commercial trucking accident lawyers can help you determine fault in your case and pursue the maximum compensation available. Having a reputable and knowledgeable lawyer on your side is essential. At Carabin Shaw, we’ve been fighting for people like you for over 25 years, and want to help you today. For a free consultation with an attorney, call us at 915-779-2301.

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