The Truck Driver
The driver is the first person who comes to mind when determining liability for a trucking accident. There are many factors that could cause accidents such as:
- Reckless driving
- Failure to adhere to traffic laws
- Driver impairment
- Failure to maintain accurate driver logs
- Lack of the necessary skills or training to operate the specific type of truck
If it is determined that the driver's actions deviated from the duty of care on the road, they were negligent in causing the accident. Thus, your San Antonio truck accident lawyer can hold them responsible for the resulting damages.
Trucking Company
Trucking companies can be responsible for the actions of their drivers under the doctrine of vicarious liability or respondeat superior. This holds companies liable for injuries their employees cause, even if the company played no direct role in the accident.Other reasons why trucking companies can be sued in a truck accident case include:
- Negligent hiring processes, such as overlooking a driver's history of traffic
- Lack of proper driver training for handling specific truck types
- If the trucking company pressures drivers to exceed hours of service leading to fatigue-related crashes
- Lack of proper maintenance and regular inspections of the truck
- Improper dispatching practices such as pressuring drivers to meet unrealistic deadlines or encouraging speeding
The Truck Manufacturer
A report found that around 55 percent of semi-trucks involved in accidents featured at least one mechanical defect. If an accident can be traced back to a fundamental flaw in design, the manufacturer may be held liable.Other reasons for holding manufacturers responsible include:
- Failure to meet stringent safety standards set by regulatory authorities.
- Absence or inadequacy of warnings and instructions for the safe operation.
- Failure to recall their trucks after being aware of a specific defect or safety issue in their trucks.
- If some components such as brakes were defectively manufactured.
A San Antonio Truck Accident Lawyer From Cesar Ornelas Injury Law Can Help
If you are seeking recovery for damages after a truck accident and need to file a lawsuit, you must establish who was liable according to Texas personal injury law. A trucking accident attorney from Cesar Ornelas Injury Law in San Antonio can help hold responsible parties accountable and ensure you receive proper compensation. If this is your situation, contact us today to discuss your case. We offer a free case review to understand your unique case and guide you accordingly.
