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Truck Accident Liability | Who Can Be Held Accountable After a Commercial Trucking Accident?

Sharing the road with commercial trucks is a fact of life in El Paso, and an accident with one of these large trucks can be detrimental to your health, personal property and livelihood. After a truck accident you might ask yourself, who can be held accountable after a commercial trucking accident? Do I need an attorney? There are many factors that go into determining liability for an accident, and El Paso personal injury lawyers are experienced in investigating commercial truck accidents and fighting for the compensation accident victims deserve.

Read on to find out how the El Paso trucking accident lawyers at Carabin Shaw can help you determine liability after a collision and recover maximum compensation for any losses caused by a commercial vehicle accident.

Determining Fault

Because a commercial vehicle accident in El Paso likely involves extensive property damage and injuries, you’ll need to make sure the police are called to the scene. The police may issue a citation or provide a report that clearly shows the truck driver is at fault in the accident, but in Texas you’re still eligible to collect compensation if you are less than 51% at fault for the accident. The police report will help your attorney pursue your case.

Company Liability

In most cases, the truck driver works for a large company. If the accident is the driver’s fault, the next step is determining who is liable for compensating you for property damage, medical bills and other damages. The Federal Motor Carrier Safety Administration (FMCSA) holds commercial truck drivers and their employers to more stringent rules and regulations than standard traffic regulations for passenger vehicles. These rules include strict requirements for insurance coverage, truck inspections and driver requirements such as drug and alcohol screenings and limits on how many consecutive hours a driver can be on the road.

The company that employs the truck driver might be held liable for damages in your accident. The company was negligent if it failed to perform inspections in a timely manner, hired a driver who did not pass the drug and alcohol screenings or encouraged drivers to disobey any of the FMCSA rules concerning mandatory breaks or consecutive driving hours. El Paso trucking accident lawyers are experts at investigating commercial truck accidents and determining if the driver’s employer bears responsibility for your accident. However, drivers and companies are only part of the complicated question of liability in a commercial truck accident.

Third-Party Liability

In some circumstances, the company will try to shift blame to a third party. You’ll want to have a lawyer on your side to make sure you get all the compensation you’re entitled to, regardless of who ends up being liable. If the company rents their trucks from a third party that didn’t perform the required inspections, the rental company may be held liable for damages. If the shipper overloaded the truck and the extra weight contributed to the accident, the shipper could be responsible. The blame game can even extend to the manufacturer if defective parts, such as tires, are determined to be the cause of the accident. That’s why you want the best El Paso personal injury lawyers on your side—the experienced attorneys at Carabin Shaw won’t rest until the right person is held responsible.

Free Initial Consultation

Remember, if you live in or around El Paso and have been in an accident with a large commercial truck, you deserve to be compensated for your pain and injuries. When you call the El Paso trucking accident lawyers at Carabin Shaw at 915-779-2301, one of our experts will provide you with a free consultation. You’ll discuss your case and learn how a lawyer can protect your rights and get you the compensation you’re owed.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

Client Reviews
We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.