Truck accidents are an unfortunate reality, often leading to significant injuries and damages. Diverse parties can be held liable in Houston truck accidents. This post explores the roles of truck drivers, trucking companies, owner-operators, brokers, and shippers, and how their actions or negligence can contribute to accidents, and how a truck accident lawyer can help you along the way while identifying liable parties in a Houston truck accident! Houston leads Texas in 18-wheeler accidents.
Truck Driver Liability
Truck drivers, as professional drivers, have a myriad of responsibilities to ensure the safe operation of their vehicles. These include conducting pre-trip inspections, controlling vehicle speed, managing space around the vehicle, making safe turns, and watching for hazards. Failure to adhere to these responsibilities can lead to accidents, making the driver liable for a truck accident in Houston.
Proving liability involves your Houston truck accident lawyer demonstrating the driver’s negligence or breach of duty, which can be established through evidence such as violation of Federal Motor Carrier Safety Regulations (FMCSR), including unsafe driving, fatigue, failure to inspect the vehicle properly, or inadequate cargo securing, and confirming the liable parties in a Houston truck accident.
Trucking Company Liability
Trucking companies are responsible for hiring competent drivers, maintaining accurate driver qualification files, monitoring their performance, and ensuring compliance with relevant regulations.
Negligence by the trucking company can lead to accidents. This includes failing to conduct proper background checks, neglecting vehicle maintenance, or disregarding hours of service rules. To prove their liability, you must show how their negligence or failure to meet legal duties caused the accident. You also need to identify their role as liable parties in a Houston truck accident.
Owner-Operator Liability
In owner-operator situations, a truck is leased to a trucking company. The company usually has possession and control of the vehicle. Therefore, the trucking company can be held responsible for accidents involving a leased vehicle.
Establishing liability in these cases requires demonstrating the trucking company’s control over the vehicle and any negligence in its operation or maintenance. This helps in pinpointing the liable parties in a Houston truck accident.
Broker Liability
Brokers, acting as intermediaries between shipping companies and carriers, can also be held liable for accidents. Their liability may arise from negligent acts or omissions, such as failing to ensure the carrier’s compliance with safety standards. To prove broker liability, it is necessary to link the broker’s actions or lack thereof to the occurrence of the accident and determine the liable parties in a Houston truck accident.
Shipper Liability
Shippers are responsible for properly loading and securing cargo. Under FMCSR, shippers must adhere to specific standards for loading and securing cargo. Failure to meet these standards, resulting in accidents, can lead to shipper liability. Proving this liability involves demonstrating the shipper’s failure to comply with federal safety regulations and how this contributed to the accident, thereby identifying one of the liable parties in a Houston truck accident.
If a victim of a truck accident, contact a Houston truck accident lawyer to know your rights regarding liable parties in a Houston truck accident.
Violations of Federal Motor Carrier Safety Regulations (FMCSR)
Violations of the Federal Motor Carrier Safety Regulations (FMCSR) can be a critical aspect in determining liability in truck accidents. These rules are made to keep CMVs safe. They also help protect the public from accidents with these vehicles. Common violations include:
- Unsafe driving, such as failing to comply with traffic laws.
- Driving while impaired due to fatigue, illness, or other causes.
- Inadequate pre-trip vehicle inspections.
- Failure to securely fasten cargo.
- Non-compliance with hours of service requirements.
- Inaccurate or incomplete driver logs.
- Poor maintenance of vehicles compromises their safe operating condition.
- Neglect in creating or maintaining proper driver qualification files.
- Lack of proper accident registers with detailed information, resulting in a failure to identify liable parties in a Houston truck accident.
When drivers, shippers, or motor carriers break the rules, they can be held responsible. This means they may be liable for any injuries or damages that occur. These violations can serve as evidence of negligence or breach of duty in legal proceedings.
Read More: How to File a Claim Against a Trucking Company in Texas
If you have been involved in a Houston truck accident, don’t hesitate to consult a skilled personal injury lawyer who can guide you through the process and fight for your rightful compensation from the liable parties in a Houston truck accident.
Contact Baumgartner Law Firm for Help with Your Truck Accident Case
Our Houston truck accident law firm is undefeated in commercial vehicle accident cases. Call Baumgartner Law Firm at (281) 587-1111 for a free consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
(281) 587-1111
