Who Was At Fault In A Truck Accident?

The driver was texting. A tire blew. The vehicle jackknifed. Cargo wasn't well-secured. These are just a few of the many reasons truck accidents can occur. But who is at fault?

It is common to think of the driver as the at-fault party because they were the one operating the truck. At Gamez Law Firm in San Antonio, we strive to look beyond the obvious answers to determine whether there is more to the story.

The Truck Driver

The truck driver is often the most obvious answer to the question of who caused an accident. If the truck driver was texting while driving, intoxicated, speeding or otherwise acting negligently, they may be at least partially responsible for the accident.

The Trucking Company

If a truck driver is an employee of a trucking company and not an independent contractor, it is possible that they may not be responsible for an accident. For example, if the truck's cargo came loose or there was a brake failure, there may not have been anything the driver could have done to prevent it.

In such circumstances, we will consider whether the trucking company was at fault. Federal laws hold trucking companies in Texas and elsewhere to certain standards. They must:

  • Conduct regular maintenance on their vehicles
  • Ensure loads are properly secured
  • Limit the amount of time drivers are behind the wheel to minimize driver fatigue
  • Ensure drivers are properly trained

When you work with us, our lawyers will carefully review every aspect of your case to determine if the trucking company failed to adhere to these important laws.

Get Started With A Free Consultation

Our attorneys can begin assessing your case in your first consultation. To start getting the answers you need, schedule an appointment online or call us at 210-951-2024. We will meet with you at our office, in your home, at a hospital or anywhere else that is convenient for you. Se habla español.