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Originally Posted On: https://davidstarneslaw.com/understanding-multi-party-liability-in-semi-truck-accidents/
Understanding Multi-Party Liability in Semi Truck Accidents
Navigating the aftermath of a semi-truck accident can be overwhelming, especially when multiple parties are at fault. Determining who’s responsible is essential for seeking justice and compensation for yourself or a loved one, but what happens when the blame is shared?
Liability often extends beyond the driver in semi-truck accidents. Trucking companies, manufacturers, and even maintenance providers can be implicated. Understanding the intricacies of multi-party liability is important for anyone involved in a big-rig collision.
In this blog, David W. Starnes Attorney At Law explains the complexities of shared responsibility in semi-truck accidents, exploring how fault is determined, the legal implications, and what victims need to know to protect their rights.
Understanding Multi-Party Liability in Big Rig Accidents
In big rig accidents, determining liability can be complex due to the involvement of multiple parties.
Here’s how multi-party liability comes into play:
Your Role in the Trucking Accident
If you’re found to be at partial or full fault in the accident, you may still be entitled to compensation for damages, medical expenses, and injury or suffering.
The Role of the Truck Driver in Accident Liability
The truck driver may be at fault for actions like reckless driving, speeding, fatigue, or impaired driving. Their behavior on the road is often scrutinized first in accident investigations.
How Trucking Companies May Be Held Responsible for Big Rig Accidents
The trucking company can be liable for various reasons, including failure to maintain the vehicle, improper cargo loading, inadequate driver training, or pushing drivers to exceed legal driving hours.
Product Liability: When Manufacturers Are at Fault in Trucking Accidents
The manufacturer of trucking components could be held responsible if a defect in the truck or its parts caused or contributed to your accident. This includes faults in brakes, tires, steering mechanisms, or other critical components.
Maintenance Providers
Companies or individuals responsible for maintaining the truck may be liable if they fail to properly inspect or repair the vehicle, leading to mechanical failures that impact your accident.
Cargo Loaders
Improperly loaded or secured cargo can cause accidents. If negligence caused your crash, the parties responsible for loading the truck may be held accountable.
What Is Comparative Fault and How Do You Navigate It in Truck Accidents?
Texas uses a concept called comparative negligence, also known as comparative fault, where each party involved in an accident is assigned a percentage of fault based on their contribution to the incident. This system helps determine the amount of damages each party is responsible for paying, ensuring a fair distribution of liability and compensation.
Texas Uses a Modified Comparative Fault System
Our state’s modified comparative fault system sets a threshold (usually 50 percent or 51 percent) beyond which the victim can’t recover damages if their fault exceeds this percentage. Simply put, if you’re found to be mostly responsible for the accident (over 50 percent at fault in Texas), you won’t be eligible for compensation from the other parties.
However, there’s a silver lining for victims who share some blame. As long as your contribution to the accident falls below the threshold (less than 50 percent at fault), you can still receive compensation, although it’ll be reduced based on your percentage of fault.
Let’s illustrate this with an example: If you’re awarded $100,000 in damages for your injuries from a truck accident, but the investigation reveals you were speeding slightly and assigned you 30 percent fault. Under Texas’ modified comparative negligence law, your compensation would be reduced by 30 percent, resulting in a final award of $70,000.
Investigating the Accident: Gather Evidence and Expert Opinions
How do they determine how much fault lies with each party in a complex multi-party truck accident case? A thorough investigation is key.
Your lawyer will be instrumental in gathering crucial evidence to build your case, including:
- Police reports: These reports document the scene of your accident, witness statements, and the investigating officer’s preliminary findings.
- Witness statements: Gathering accounts from any bystanders who saw your accident unfold can provide valuable insights into what happened.
- Truck driver records: Examining the truck driver’s logs, employment history, and any history of traffic violations can help identify potential driver negligence.
- Black box data: Modern commercial trucks are equipped with data recorders similar to airplanes. This black box data can reveal the truck’s speed, braking patterns, and other crucial details about the moments leading up to your accident.
- Expert opinions: Depending on the complexities of the case, accident reconstruction specialists or other experts might be needed to analyze the evidence and provide insights into how your accident occurred and who or what caused it.
What Are the Legal Steps for Filing Claims Against Multiple Parties?
Victims can file claims against all parties they believe are responsible. Each party’s insurance company will investigate to assess liability and coverage. The involved parties often negotiate a settlement to avoid going to court.
Your lawyer may first send a demand letter to each liable party’s insurance company outlining the details of the accident, the extent of your damages, and a proposed settlement amount. Settlements typically reflect the degree of fault assigned to each party.
What Can Victims of Semi-Accidents Seek Compensation For?
Victims can seek compensation for:
- Medical expenses: Covering the cost of treatment, rehabilitation, and future medical care.
- Lost wages: Compensation for income lost due to the inability to work.
- Pain and suffering: Non-economic damages for physical pain and emotional distress.
- Property damage: Costs to repair or replace damaged property.
- Punitive damages: In cases of gross negligence, you may be entitled to punitive damages.
Is There a Statute of Limitations or Time Limit to File a Claim?
Be aware of the statute of limitations for filing a personal injury claim. Texas has a statute of limitations for personal injury claims, generally two years from your accident date. It’s best to consult with a lawyer as soon as possible to ensure you don’t miss the deadline for filing your claim.
What Happens When a Settlement is Rejected After a Truck Accident?
Your case will go before a judge or jury when a settlement can’t be reached. They’ll determine each party’s fault percentage and award damages accordingly.
What If the Liable Party or Parties Reside in Another Country?
When the liable party or parties reside in another country, it’s still possible to file a claim and seek compensation. Texas courts will generally have jurisdiction when the accident you were involved in occurred in Texas.
Protect Your Rights After a Multi-Party Truck Accident
Protecting your rights after a semi-truck accident involves immediate action, thorough documentation, and legal guidance. When you understand which steps to take and the potential complexities involved when multiple parties are at fault, you can be well-positioned to seek the compensation you deserve.
Let the 18-wheeler accident attorneys at David W. Starnes Attorney At Law represent you so you can focus on recovery. Call (409) 835-9900 to learn more about what makes us the right choice for complex 18-wheeler accident litigation.
