Texas 18-Wheeler Truck Accidents
An accident involving a tractor trailer, 18-wheeler, semi truck or other commercial truck can result in serious physical injury and property damage. If you or a loved one has been injured in a truck accident, you may be entitled to compensation. It is important to contact an experienced truck accident attorney to discuss your case as soon as possible.
Truck drivers in Texas are required to possess a Commercial Drivers’ License (CDL) and limit the number of hours they drive during a given day. This law is intended to prevent Texas truck drivers from becoming fatigued or sleepy from long drives without adequate breaks or rest. Truckers must also avoid aggressive driving behavior, follow posted speed limits, properly maintain and inspect their truck, and yield to other vehicles on the road. If the truck driver decides to take shortcuts and avoid safety precautions, then it is likely that a major truck accident will transpire, in which the truck driver will be found negligent. If you find yourself a victim of a Texas truck accident, you should contact a qualified Texas truck accident lawyer at Bailey & Galyen immediately.
Texas Truck Accident Claims
When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held liable for the driver’s negligence under a legal theory known as “respondeat superior.” Under this doctrine, a trucking company or other employer can be held liable for the wrongful acts of its drivers. Trucking companies may try to fight liability under this theory by arguing that the wrongful act did not occur while within the scope of employment. Motor carriers also try to limit their liability by hiring drivers as independent contractors rather than employees.
In some cases, the manufacturer of the truck may also be held liable if the accident was caused by some defect in the truck. A shipper of hazardous materials carried by the truck may also be legally responsible for any injuries that were caused or made worse by the type of cargo on board. For example, if a shipper fails to advise a truck driver or trucking company of hazardous material contained in a load of freight, the shipper may be liable for injuries that result if that material catches fire or is released.
If a third party logistics company, which is a company that specializes in brokering transportation services but is not a motor carrier, is involved, it may be difficult to recover from that company. It has generally been held that the respondeat superior doctrine cannot be used against logistics companies because they generally engage in independent contractor relationships with motor carriers so they are exempt from liability. In addition, section 14704 of the Federal Motor Carrier Safety Administration often limits the liability of third party logistics companies in personal injury cases.
Contact us for a Free Initial Consultation
We will evaluate your case at no cost or obligation to you. To schedule a confidential consultation with an experienced Texas commercial truck accident attorney, contact us online or call our offices at (844) 402-4530. Calls are answered 24 hours a day, seven days a week. We take all cases on contingency, meaning there is never a fee until we recover a settlement in your favor.
Bailey & Galyen provides skilled legal representation to individuals across the State of Texas including the Dallas-Fort Worth communities of Arlington, Bedford, Dallas, Fort Worth, Carrollton, Grand Prairie, Mesquite and other cities in Texas including Houston Clear Lake / NASA, Texas.