Austin TX Commercial Vehicle Accidents - Determining Liability & Proving Fault

Commercial vehicle accidents in Austin TX can be debilitating for victims and their families. Because of the larger size and weight of these vehicles like 18 wheelers, buses, dump trucks, construction vehicles, etc., collisions often result in severe accidents with substantial damages. If you or someone you love has recently been involved in an accident, contacting a commercial vehicle passenger injury attorney in Austin as soon as possible is paramount to your recovery.

Read on to learn more about liability in such cases and call Carabin Shaw’s legal professionals 24/7 at 800-862-1260 to schedule a free consultation. During this session, our experts will be able to guide you through the best course of action given your specific situation.

Depending on the circumstances of your particular accident, a few parties may be held liable for your commercial vehicle accident. This may include the driver of the commercial vehicle, the company they work for, the vehicle’s manufacturing company, cargo loaders, and more. To prove liability requires skill and experience in dealing with the laws and regulations in Texas, which is where a local lawyer comes in.

Proving liability requires analyzing a few key factors that demonstrate negligence. Your chosen Austin commercial vehicle accident attorney will be able to illustrate the following on your behalf:

1. Duty of care: These are the set of legal obligations that require commercial vehicle drivers to act with reasonable caution to avoid harming others.
2. Breach of duty: A breach occurs when someone fails to meet this expected standard of care. That may include speeding, running a red light, texting and driving, etc.
3. Causation: Your attorney is required to then prove that those negligent actions or inactions were the direct cause of your accident.
4. Damages: The damages you claim must be directly linked to the proven negligence. This can include medical bills, pain and suffering, lost wages, and more. To ensure you receive maximum compensation, having a legal professional by your side is vital.

Comparative fault, also known as proportionate responsibility, determines a victim’s recovery proportionate to their responsibility in an accident. For example, if a plaintiff's total damages amount to $100,000 after a collision with a commercial vehicle and they were found to be 20% at-fault, their compensation would be reduced by 20%. This means the plaintiff would receive $80,000 from the defendant.

Your lawyer in Austin, Texas will build a case to prove fault by gathering evidence. They'll show that the defendant owed you a duty of care and breached that duty through their negligent actions or inactions. A strong case increases your chances of fair compensation.

Some evidence used to prove liability include:

• Police reports/accident reports
• Witness statements
• Medical records
• Photos and video
• Traffic camera footage

Proving fault in a personal injury case, especially involving a commercial vehicle accident, can feel overwhelming after you've been seriously injured. The state legalities are complex, the evidence can be scattered, and the insurance companies involved may not have your best interests at heart. This is where a lawyer can be your strongest advocate.

The experienced Austin, Texas personal injury attorneys at Carabin Shaw fight hard on behalf of our clients. We never represent big companies or organizations; our priority is to the “little guys,” the victims of negligence who deserve justice and compensation.

Our team also boasts:

1. Experience & knowledge: Our lawyers have decades of experience handling personal injury cases all across the southern United States. This includes auto accidents, commercial vehicle accidents, product liability and so much more.
2. Investigative resources: Our lawyers have access to investigators and other resources in Austin TX to uncover crucial evidence that you might miss on your own.
3. Peace of mind: Our attorneys handle all of your legal battles for you, including against big insurance companies, which allows you to focus on rest and recovery.

Determining liability in commercial vehicle accidents is incredibly difficult without the help of an experienced attorney on your side. Don’t let one more day go by without discussing your case with a professional. Call 800-862-1260 to schedule your free case review. This no-obligation consultation allows you to weigh your options moving forward without any money up front. We also operate on a contingency-fee basis, meaning that we don’t charge our clients unless your case is won.

Read over Carabin Shaw’s reviews to understand how we care for our clients, and contact us to learn more about our services in Austin, Texas.

For more information:

• Texas Statutes 33
• Texas Statutes 41