Subcontracted Truck Drivers and Liability in San Antonio, Texas 18-Wheeler Crashes
Texas is the top state for the trucking industry, and major highways like I-10 and I-35 bring many big rigs through San Antonio. Trucking is a lucrative industry, but it can also be hazardous for other motorists who share congested roads with much larger vehicles. San Antonio’s Bexar County had over 2,600 commercial vehicle crashes in 2024, which took 18 lives and seriously injured 46 people.
Victims of a semi-truck collision often face severe injuries and high medical bills that create significant financial strain on their families. Our San Antonio truck accident attorneys at Carabin Shaw help victims navigate the complexities of these accidents, identify the responsible parties, and seek damages to cover the bills while they recover. If you’ve been injured by a big rig in Central Texas, call Carabin Shaw toll-free at 800-862-1260. We offer our services on a contingency-fee basis and free case reviews in English or Spanish. Our team is available 24/7 to provide legal guidance at no upfront cost or obligation to you.
The Complexity of 18 Wheeler Accident Liability in TexasCommercial vehicle crashes are more complex than other accidents in Texas. Numerous parties may be responsible for a collision, including:
- Truck driver
- Trucking company
- Maintenance crews
- Vehicle manufacturers
- Cargo loaders
All at-fault parties may share liability for your injuries, which means they must reimburse you for the cost of medical treatment and other losses you suffer as a result of the accident.
The Relationship Between a Subcontracted Driver and a Trucking CompanyTrucking companies often use subcontractors to drive their trucks in Central Texas. In some cases, the company may use the subcontractor status to shield itself from liability in the event of an accident. However, federal laws have eliminated the distinction between employees and independent contractors, allowing attorneys to hold companies responsible for both categories of drivers in many situations.
To establish liability, your lawyer must carefully consider the working relationship between the company and subcontractor, keeping these factors in mind:
- The type of work the driver was hired for
- The control the company has over the driver’s actions
- The driver’s history with other trucking companies
- The acts the company should reasonably expect from the driver
- The time, place, and nature of the driver’s actions
If your attorney can show the driver acted within their scope of employment when the accident occurred, you may be able to hold the trucking company and driver liable for your injuries. Contact Carabin Shaw as soon as possible to learn more.
Driver vs. Company: The Liability QuestionTruck drivers and trucking companies are the most common at-fault parties in these crashes. Drivers who are employees or independent contractors can be liable if they were driving:
- Under the influence of drugs or alcohol
- With an unauthorized passenger
- Without conducting pre-trip inspections
- Beyond their required service hours
- Without proper qualifications
In these situations, you may file a claim against the driver’s insurance company. However, the trucking company may be liable if it failed to:
- Hire a qualified driver
- Train drivers properly
- Maintain and repair vehicles
- Inspect trucks and equipment regularly
- Properly supervise drivers
Trucking companies must carry substantial insurance policies, enabling victims to seek sufficient damages for even the most severe injuries. Unfortunately, companies often try to avoid liability by shifting blame to the driver or even the accident victim. An experienced truck accident attorney in San Antonio TX will gather evidence, build a strong case, and hold all responsible parties liable for your injuries.
Understanding Proportionate Responsibility in San Antonio, TexasIn some accidents, both the driver and the company may be at fault. Your lawyer may also discover that third parties, like vehicle manufacturers or maintenance workers, contributed to the crash. Under Texas’s proportionate responsibility rule, you can hold all at-fault parties liable according to their portion of responsibility to maximize damages.
Don’t File Your Claim Without the Help of an Expert 18 Wheeler Accident Attorney | Call Carabin Shaw & Book Your FREE Case Review Today!If you’ve been injured in a crash with a big rig, call Carabin Shaw. We have achieved success in negotiating settlements for clients like you, as our client reviews attest. We are also prepared to go to court if a settlement isn’t reached and you need to file a San Antonio truck accident lawsuit. We are available now at 800-862-1260.
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