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  • Writer's pictureRobert Schuerger

Who's at Fault in Head-on Truck Accidents in Texas? | Explaining Liability

Although there are more car accidents than truck crashes in the United States, a head-on collision with a large truck or big commercial rig can lead to catastrophic injuries and life-changing consequences. It is crucial for the injured victims to seek help from an experienced personal injury lawyer.


Schuerger Shunnarah Trial Attorneys have decades of combined experience helping accident victims, and they've recovered more than $1 billion in damages for their clients. They can also assist with consulting on situations like who's at fault in brake failure accidents in Texas?


They can help those who have suffered injuries in motor vehicle accidents, including truck collisions, due to another's negligence in Dallas, Texas, by assessing their case and protecting their rights.


What Are the Common Truck Accident Injuries?

What Are the Common Truck Accident Injuries?


The following are the most common truck accident injuries in the United States:


  • Traumatic brain injuries

  • Spinal cord injuries

  • Lacerations, bruises, and cuts

  • Fractures and broken bones

  • Burns

  • Wrongful death


A truck accident can have a devastating impact on the victim's life. It can not only lead to physical and emotional injuries but also affect the person financially. 


The hefty medical bills that start to pile on as soon as the victim seeks medical treatment can cause a dent in one's bank balance, leading to stress and financial concerns.


Accident victims must reach out to a skilled truck accident lawyer to discuss their case and learn more about their legal options.


Can an Injured Victim Recover Compensation for a Texas Truck Accident?


Under the truck accident law in Texas, injured victims may be able to pursue a personal injury claim or lawsuit against the negligent party to obtain compensation. However, before they can bring a civil action, it's crucial to identify the at-fault party.


Who's at Fault in Head-on Truck Accidents in Texas?


Sometimes, a truck accident may include multiple defendants. This can have an impact on the personal injury case and how much the accident victim can recover. Experienced Dallas truck accident attorneys can help investigate the incident and determine the at-fault parties.


The following are potential at-fault parties that may be liable for the damages caused in a truck accident:


The Truck Driver

Truck drivers must ensure that they follow traffic laws and have their eyes on the road at all times. Negligence on their behalf could result in a head-on truck accident. If that happens, the at-fault parties must compensate truck accident victims for the damages.


Some examples of negligence include distracted driving, sleeping behind the wheel, and disobeying traffic laws.


Other Road Users

Other road users, including motorists and motorcyclists, are responsible for following the rules of the road. They also have the duty of care to drive safely and take the necessary measures to prevent accidents.


A wrong-way driver may be liable for a head-on truck accident if they were driving on the opposite side of the road.


The Trucking Company

The trucking industry is notorious for overworking its drivers, which can increase the risk of accidents. Truck companies in Texas must adhere to state and federal laws. Failure to comply with the regulations could result in liability in the case of an accident.


A trucking company must conduct proper background checks before hiring drivers. It must also implement state and federal laws, including the maximum number of hours a trucker can drive daily.


Some trucking companies may overwork their drivers in a bid to make profits, or they may cut corners in maintenance to reduce expenses. When that happens, it increases the risk of truck accidents, for which they may be liable.


In most truck accident cases, the law holds the trucking company responsible for the actions of its drivers. This is commonly referred to as "respondeat superior."


Respondeat superior is a legal theory that holds the employer responsible for the actions of its employees who cause an accident while acting within the scope of their employment. 


Under this doctrine, the trucking companies may be liable for the truck accidents caused by their drivers.


A Government Agency

Sometimes, a truck accident can happen due to the negligence of a government agency. Whether it is roadside construction or a department's motor vehicle, government agencies are responsible for taking the necessary measures to prevent trucking accidents.


Lack of warning signs, road debris from a government construction project, and distracted driving by a government employee are all acts of negligence that can result in devastating truck accidents. When that happens, the injured victim may be able to pursue a claim against the relevant agency.


The Cargo Company

In some truck accident cases, the cargo company may be liable for the accident caused. Cargo companies must take the weight capacity of the trucks seriously during loading.


Overloading the truck with goods or improperly loading the vehicle is an act of negligence. It could lead to truck accidents for which the cargo company may be liable.


The Manufacturer

The manufacturer is responsible for carrying out proper due diligence before selling the trucks to the trucking companies. Lack of safety control and checks can cause defective parts to go unnoticed, increasing the risk of a truck accident.


Commercial truck accidents due to defective parts can lead to manufacturer's liability, for which the injured victims may be able to pursue claims or lawsuits.


Can the Injured Victim and the Truck Driver Both Be Liable for a Truck Accident in Texas?


Anything can happen on the road, and a head-on collision could occur due to the negligence of the truck driver and the injured victim (another driver). When that happens, the affected party may be wondering whether they have the right to recover damages.


Texas follows the modified comparative rule, which allows the injured victim to pursue compensatory damages even if they are partially responsible for their injuries. 


However, their degree of fault will limit the amount of money they may be able to recover when filing a truck accident claim or lawsuit.


It's important to note that the modified comparative negligence rule bars injured victims from bringing a civil action in Texas if their degree of fault is greater than 50%.


How Long Does the Truck Accident Victim Have to File a Claim or Lawsuit in Texas?

How Long Does the Truck Accident Victim Have to File a Claim or Lawsuit in Texas?


When pursuing legal action for a Texas truck accident, the injured victim must consider the time frame mentioned in the statute of limitations. This is a law that sets the maximum time in which the affected party can pursue a claim or lawsuit.


Under the statute of limitations in Texas, injured victims have two years from the date of the trucking accident to bring a civil action against the negligent party to recover the damages incurred.


It's important to note that although most trucking accidents have a two-year statute of limitations, some may have a shorter time frame, especially those involving government agencies.


Injured victims must reach out to an experienced Texas truck accident attorney to find out how much time they have left to pursue legal action against the negligent party. Schuerger Shunnarah Trial Attorneys can also advise on who's at fault in underride accidents in Texas.


Schuerger Shunnarah Trial Attorneys Can Help Navigate the Legal Maze to Recover Compensation!


Those who have suffered truck accident injuries due to someone else's negligence should call to schedule a free consultation with the truck accident lawyers at Schuerger Shunnarah Trial Attorneys. They can help the injured victims get the justice and compensation they deserve.

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