An 18 wheeler accident lawyer in Houston can help a victim get the help they need when a driver or trucking company acts negligently. Such a crash can leave a victim in terrible condition, as the weight difference between a cargo truck and a car is enormous. Large trucks are massive threats on the road if they are handled improperly, and in almost every incident involving a commercial truck, driver error, mechanical failure, or employer negligence is at least partly to blame. With so many parties responsible for the construction, maintenance and operation of the truck, it’s common for these claims to involve multiple defendants.
HOW WILL AN 18 WHEELER ACCIDENT LAWYER IN HOUSTON APPROACH A CASE?
When a large truck is involved in an incident, there is usually a confluence of factors involved, which often includes driver error. Driver inattention and failure to control speed are the two most common reasons for crashes involving cargo trucks, so of the thousands of large truck wrecks every year in Texas, the vast majority were easily preventable.
However, just because a driver is the primary responsible party doesn’t mean they will bear full liability for damages. That’s because the legal principle of respondeat superior dictates that any workers who injure someone while operating within their scope of employment force liability upon their employer. So, as long as a driver did not intend to hurt someone while performing their standard duties as an employee, the employer will also be responsible for damages.
This is an approach that an 18 wheeler accident lawyer in Houston will aggressively pursue, as drivers themselves rarely have the assets to adequately compensate victims. Medical costs, lost wages and long term physical care can be extremely expensive, and a victim should have every option available to them in an attempt to recover.
It’s common for both drivers and their employers to be involved in a claim, but they may not be the only parties named in the case. The truck’s manufacturer and anyone contracted to perform maintenance on the vehicle may also be named. Brake, engine and tire failures are not common, but when they do occur, they can cause the truck to immediately careen out of control. A state investigator will respond to any big rig crash in the city and verify whether mechanical failure was involved in the crash. This, along with any recording devices in the truck, will provide strong evidence of negligence should the investigator or device detect something.
In the aftermath of a crash, many victims seek out an 18 wheeler accident lawyer in Houston as soon as they are able. Trucking companies will stop at nothing to protect their interests, even if it means bending the truth to make the victim look like the reckless party. An attorney will prevent a company from using these tactics, and ensure the facts are presented in the proper light.