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January 26, 2024
McLaurin Law

How Can I Prove Liability in a Truck Accident Case in Texas?

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As a truck accident victim, you may suffer from devastating injuries while dealing with mounting medical costs and other expenses. You may expect the at-fault party to compensate you for your damages, but first, you must prove liability.

A skilled Texas truck accident attorney can help determine who’s responsible for your accident. This usually involves an in-depth investigation based on available evidence, like video footage, eyewitness testimonies, police reports, and the trucking company’s records. 

Who Is Responsible for Your Injuries?

Truck accident victims often assume the trucking company is responsible when a commercial truck hits their vehicle. However, if the trucker was an independent contractor and not the company’s employee, you may need to take action directly against the truck driver. Other potentially liable parties in truck accident cases are as follows:

  • Vehicle manufacturers
  • Repair services
  • Maintenance crews
  • Cargo loaders

Sometimes, several people or companies may share liability for a truck collision. An experienced Texas truck accident lawyer will examine all available evidence to ensure you pursue a claim against the right parties.

Proving Negligence After a Truck Accident

To prove liability after a truck accident, your Texas truck accident attorney would have to show that:

  • The allegedly at-fault party broke their duty of care. Examples may include a trucking company that hired unqualified drivers or a truck operator who drove carelessly, violated the speed limit, or continued on the road beyond the allowed service hours. 
  • This negligent act directly caused or contributed to your accident. For example, the trucking company neglected to change the tires on time, leading to a tire blowout and the driver losing control of the vehicle. 
  • The accident caused you tangible losses, such as medical costs, lost wages, damage to your car, etc.

Important Evidence in Truck Accident Cases

You can be almost sure that the at-fault driver or company and their insurer will do everything to deny responsibility. To prove fault, you’ll need a solid body of evidence, which may include:

  • Photos of the accident scene
  • Video footage, either from your dash cam or traffic cameras
  • The police report of the accident
  • Documentation related to the truck, like maintenance records
  • Data from the truck’s black box
  • The logbook detailing the trucker’s work hours
  • Witness testimonies

Once your lawyer has all the evidence, they’ll be able to determine which regulations or traffic rules the truck driver violated. Your attorney may also recommend using other professionals, like accident reconstructionists, forensic consultants, or medical authorities, in the investigation process.

Why You Need a Skilled Lawyer

As a truck accident victim, you need a competent lawyer who knows how to handle claims against commercial trucking companies. Trucking accidents often involve serious injuries and heavy, complex damages. Working with the right attorney will improve your chances of a successful and speedy settlement. 

An experienced attorney can help collect evidence and prove liability after a truck accident. Your lawyer may be able to tap into evidence like the truck’s black box, in-cab camera, logbook, personnel records, and other important information you would likely be unable to access on your own. 

McLaurin Law PLLC: Experienced Truck Accident Lawyers in Houston, TX

If you suffered serious injuries in a truck accident, call us at McLaurin Law. Our skilled legal team can help you establish liability and build a strong case. We’ll leave no stone unturned to help you claim maximum compensation for your medical bills, lost wages, and property damage.

Call (713) 322-5523 or contact us online to schedule a consultation with one of our Texas truck accident attorneys today.

Copyright © 2023. McLaurin Law, PLLC. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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