Determining Fault in 18 Wheeler Accidents in Texas - Laredo Trucking Injury Attorneys

The liability for an 18-wheeler accident in Laredo, TX will fall on the person who is responsible for the vehicle that caused the damage. Determining who that person (or business) is requires the expert help of a trucking injury lawyer, so you can hold that party accountable for your damages.

The Laredo truck accident attorneys at Carabin Shaw are experts in complex commercial automobile accident cases, and our team will help you to financially recover from a trucking accident. We have English- AND Spanish-speaking staff available. Call our toll-free number at 800-862-1260 to schedule a free consultation 24/7.

The first component of liability for 18-wheelers is the distinction between owner-operators and employee truck drivers. Owner-operators are independent contractors who have personal liability for their rig. In contrast, trucking companies are responsible for their employee drivers, and these companies hold vicarious liability for drivers when an accident occurs. Trucking accident attorneys in Laredo TX will need to know the employment relationship between the driver and the truck to file a claim against the defendant.

The second component of liability for trucking accidents is negligence. Except in cases of willful misconduct, the at-fault party is only liable for damages if they meet the criteria for negligence, which includes:

• Duty of care
• Breach of duty
• Harm
• Harm caused by breach of duty

In other words, the driver or trucking company is only negligent if they had a duty to act differently, and their breach of duty caused damages.

Texas is a comparative negligence state, a notion the state refers to as proportionate responsibility. Comparative negligence assigns liability in a manner that is proportionate to fault, which means there can be more than one at-fault party. It also means that a plaintiff can receive damages for 18 wheeler accident injuries even when they were partially at fault, as long as that fault is at or below 50%. This is different from contributory fault states, where plaintiffs cannot recover damages if they share in any amount of fault.

Once your lawyer determines who the court should hold at-fault for your damages, they must use evidence to prove your case. The most valuable evidence is typically collected at the scene of the accident. However, a legal team can retroactively collect evidence for your case, which is often necessary when a client faces injuries that require immediate medical attention.

Evidence collected to prove fault includes:

• Photos of injuries and property damage
• Police report
• Witness statements
• Video evidence from dash cams and CCTVs
• Driver’s contact and insurance information
• Personal account of events

A victim who is able to collect evidence at the scene helps their attorney to argue a strong case for personal injury compensation.

In a personal injury lawsuit, an injured party can receive compensation for the damages they claim.

These claims are economic and noneconomic, and they include:

• Medical expenses
• Repair bills
• Loss of income
• Pain and suffering
• Disability
• Loss of consortium
• Emotional anguish

Laredo 18 wheeler accidents often cause severe injuries that are difficult for a person to quantify. Your legal team will help you to seek compensation for ALL your losses. At Carabin Shaw, our client reviews are a testament to the legal services we offer, so you can get the compensation you deserve.

Hiring a legal team is essential if you are injured in an 18-wheeler accident and want to maximize the compensation for your injuries. At Carabin Shaw, we offer our services on a contingency-fee-basis, so you don’t have to worry about legal fees and can focus on your recovery. With decades of experience, our legal team is the best option for your Laredo personal injury case, so call today to begin your journey to financial recovery after a truck accident.

For more information:

• Cornell Law
• Statutes Capitol Texas
• TDI Texas