If you were the victim of a truck accident in Texas, determining who to hold accountable for your injuries can be a complex decision. In many cases, both the truck driver and the trucking company may bear some responsibility. At The Major Law Firm, we help San Antonio residents navigate the legal process to ensure they pursue the appropriate party and maximize their compensation.

Understanding Liability in Truck Accidents

Truck accidents often involve multiple layers of liability, as both the driver and the company that employs them can play a role in causing the crash. Here’s a breakdown of when to sue the truck driver, the trucking company, or both:

When to Sue the Truck Driver

The truck driver may be held personally responsible for the accident if their negligence directly caused the crash. Examples of driver negligence include:

• Distracted Driving: Texting, eating, or using a phone while driving.
• Driving Under the Influence: Operating the truck while impaired by drugs or alcohol.
• Fatigue: Violating hours-of-service regulations and driving while excessively tired.
• Speeding or Reckless Driving: Driving too fast for conditions or engaging in unsafe driving behaviors.

In cases where the driver’s actions are egregious or outside the scope of their employment, you may pursue a claim directly against them.

When to Sue the Trucking Company

Trucking companies are often responsible for the actions of their drivers under the legal doctrine of vicarious liability, which holds employers accountable for the negligence of their employees. You may sue the trucking company if:

• The Driver Was Acting Within the Scope of Employment: If the driver was performing their job duties when the accident occurred, the company is likely liable.
• Negligent Hiring or Training: If the company failed to properly vet or train the driver, they can be held accountable.
• Improper Truck Maintenance: If the company neglected to maintain the vehicle, resulting in mechanical failures.
• Overloaded or Improperly Loaded Cargo: If improper loading practices caused or contributed to the accident.

Trucking companies often have larger insurance policies and greater financial resources than individual drivers, making them a critical party to include in many cases.

When to Sue Both the Driver and the Company

In many truck accident cases, suing both the driver and the company is the best approach. Doing so ensures all potentially liable parties are held accountable and increases the likelihood of securing the full compensation you deserve. An experienced attorney can analyze your case and determine the best strategy for pursuing claims against one or both parties.

Factors to Consider in Your Case

• Extent of Injuries and Damages: Severe injuries and significant damages may require pursuing multiple parties to cover all costs.
• Insurance Coverage: The driver’s insurance may not be sufficient to cover your losses, necessitating a claim against the trucking company.
• Evidence of Negligence: Determining fault requires a thorough investigation, including reviewing driver logs, maintenance records, and black box data.

How The Major Law Firm Can Help

At The Major Law Firm, we understand the complexities of truck accident cases in Texas. Our team will:

• Investigate the accident to identify all liable parties.
• Gather and preserve critical evidence to support your claim.
• Negotiate with insurance companies to secure maximum compensation.
• Advocate for your rights in court if necessary.

Contact Us Today

If you’ve been injured in a truck accident in Texas, don’t wait to seek legal help. Contact The Major Law Firm for a consultation. We’ll help you determine the best course of action to hold the responsible parties accountable and get the compensation you deserve.