When Are Truck Drivers Responsible for Damages in Accidents?

Personal Injury Law, Truck / 18-Wheeler Accident Law
7 Mar by Steve M. Christensen

When Are Truck Drivers Responsible for Damages in Accidents?

 This post was brought to you by Regan Zambri Long - Personal Injury Lawyer

Are Truck Drivers Responsible for Damages?

Truck accidents often result in severe injuries and extensive property damage. If you or a loved one has been involved in a truck accident, determining who is legally responsible is crucial. Liability can fall on the truck driver, the trucking company, or other third parties, depending on the circumstances. Below, we explore when truck drivers are held responsible, who else may be liable, and how you can prove fault in a truck accident case. More about our truck accident attorneys here.

When Are Truck Drivers Responsible for Damages?

A truck driver may be responsible for damages in an accident because of distracted driving, speeding, impaired driving, missing blind spots and violating the regulations set by the FMCSA (Federal Motor Carrier Safety Administration). However, truck drivers are often employees of a trucking company, which means the company may share liability for accidents. If a driver fails to follow trucking regulations—speed limits, cargo weight restrictions, or service hour limitations—they may be found negligent and held accountable. But liability does not always fall solely on the driver. In most cases, trucking company liability also comes into play, as companies are responsible for ensuring their drivers follow regulations. If an accident occurs due to driver negligence, liability may be covered by the truck driver’s insurance, the motor carrier’s policy, or other applicable insurance policies. This coverage helps ensure that victims can receive compensation for injuries and damages resulting from a truck accident.

1. Distracted Driving

Distracted driving is one of the leading causes of truck accidents. FMCSA regulations prohibit commercial vehicle drivers from texting or using a handheld phone while driving. If a truck driver was distracted at the time of an accident, they could be held responsible for damages. Other distractions include:
  • Eating or drinking while driving
  • Adjusting radio or navigation systems
  • Talking to passengers
  • Daydreaming or drowsy driving
If a truck driver is caught using a hand-held phone or texting while driving, they face serious legal and financial consequences. Under FMCSA regulations, drivers can be fined up to 2,750 USD per violation, and multiple offenses can lead to disqualification from operating a commercial motor vehicle. Additionally, motor carriers that allow or require their drivers to use hand-held devices while driving may face penalties of up to 11,000 USD. 

2. Speeding or Aggressive Driving

An accident victim can hold a truck driver liable on the basis of aggressive driving, but they must prove negligence. This means showing that the driver did not act with reasonable care in the situation. Additionally, the trucking company that employed the driver may be indirectly liable if they overlooked a history of aggressive driving or failed to respond to reports of a driver behaving aggressively.  Aggressive driving is generally seen as reckless and unsafe. If the trucker broke a traffic law or violated a regulation, they may automatically be considered negligent. Additionally, the victim must demonstrate that the accident was a direct and predictable outcome of the driver’s aggressive behavior. Examples of aggressive driving that qualify as violations include:
  • Tailgating other vehicles (following too closely)
  • Speeding in heavy traffic
  • Weaving in and out of traffic
  • Ignoring traffic signals
  • Cutting off other drivers
In truck accident cases involving aggressive driving, victims can seek compensatory damages to cover economic and non-economic damages. Economic damages include medical expenses, future medical treatments, lost wages, reduced earning potential, and any other costs directly related to the accident. Non-economic damages compensate for pain and suffering or emotional distress. Victims may also pursue punitive damages if aggressive driving escalates into road rage or extreme misconduct. These are awarded when the driver’s actions show extreme negligence, reckless disregard for safety, or intentional harm. Unlike compensatory damages, punitive damages serve as a punishment and a warning to prevent similar behavior in the future.

3. Impaired Driving

Impaired driving is when a truck driver operates their vehicle while under the influence of substances such as alcohol, marijuana, opioids, methamphetamines, or any potentially impairing drug (whether prescribed or over the counter).  Under FMCSA regulations, truck drivers are strictly prohibited from consuming or being under the influence of alcohol within four hours before starting their shift or operating a commercial motor vehicle (CMV). Additionally, while on duty or in control of a CMV, drivers are not allowed to drink, be impaired by alcohol, or have any detectable alcohol concentration in their system.  A drug-impaired truck driver may be held liable for damages in a collision. Besides the driver, the trucking company that employed the driver can be legally responsible for accidents caused by their drivers under the vicarious liability doctrine. This means that if a truck driver causes an accident while performing job-related duties, the employer may also be held accountable—even if the company itself did nothing wrong. To prove vicarious liability, the victim must show that:
  • The driver was an employee of the trucking company, not an independent contractor.
  • The accident happened while the driver was on duty and performing work-related tasks.
  • The driver’s negligence, such as intoxicated driving, directly caused the accident and injuries.
Establishing that a truck driver was under the influence at the time of an accident requires a thorough investigation and solid evidence. Several types of proof can help demonstrate that the truck driver’s impairment caused the accident:
  • Testimonies from other drivers, pedestrians, or business employees can provide critical observations of the driver’s behavior, such as reckless driving, slurred speech, or signs of impairment before the accident.
  • Police officers often conduct breathalyzer tests at accident scenes to measure a driver’s blood alcohol concentration (BAC). For truck drivers, a BAC level exceeding 0.04% is considered illegal, making this a key piece of evidence.
  • If there are concerns that the driver consumed alcohol or drugs before the crash, credit card transactions and receipts from bars or liquor stores may support claims of intoxication.
  • If drug use is suspected, post-accident drug tests can reveal substances like marijuana, amphetamines, or prescription medications in the driver’s system.
  • Evidence of erratic speed changes, sudden braking, or reckless driving patterns can indicate impairment. These can be proved using the truck’s Electronic Computer Module (ECM), which trucks limit the speed and monitor a variety of operations
Using these forms of evidence, victims can establish that intoxication played a role in the accident, helping to hold the responsible parties accountable. When a truck driver’s negligence or impairment leads to an accident, victims have the right to seek compensation for the physical, emotional, and financial hardships they have suffered. Victims may be eligible for several types of compensation, including: medical expenses, lost wages, pain and suffering and punitive damages.

4. Missing Blind Spots

In a blind spot accident, more than one party may be responsible. Truckers must check mirrors and use caution when merging or changing lanes. If a driver fails to do this and causes an accident, they may be liable for any damages. Additionally, if the truck driver is an employee and was on the job when the crash happened, the trucking company may also share responsibility under vicarious liability. Proving fault requires evidence showing whether the driver’s negligence or a mechanical failure contributed to the crash. For example, if the driver failed to signal or check their mirrors before moving, they could be liable. Alternatively, if a malfunctioning mirror prevented them from seeing another vehicle, the trucking company might share responsibility for failing to maintain the truck properly. Gathering strong evidence is essential in establishing liability.  Photos from the crash scene can highlight important details like skid marks, vehicle damage, or road conditions, helping to prove whether the truck driver was at fault. Witness statements also play a crucial role, as they can confirm if the driver made an illegal lane change or showed signs of impairment. Additionally, expert witnesses, such as accident reconstruction specialists, can analyze the scene and provide professional insights into how the collision occurred.  Moreover, surveillance footage from dashboard cameras, security systems, or doorbell cameras may also capture the accident, offering valuable proof of negligence. Finally, a victim’s own recollection of the accident—recorded as soon as possible—can provide key details that strengthen their claim.

Other Parties That Might Be at Fault for a Truck Accident

  • The Trucking Company: If a truck driver is an employee, their company may also be responsible. Common reasons a trucking company is liable include: negligent hiring, improper training, failure to conduct a post-accident drug test, and unrealistic schedules.
  • The Truck’s Owner: Some trucking companies lease trucks from a third party. If the truck owner fails to maintain the vehicle properly, they could be held liable for mechanical failures leading to an accident.
  • The Manufacturer: If a defective truck part caused an accident, the manufacturer could be held liable. Examples include: faulty brakes, defective tires, and steering system failures.
  • The Cargo Loader: If cargo is not properly secured, it can shift during transit and cause an accident. If an improperly loaded truck caused the crash, the company responsible for loading the cargo may be liable.

Evidence Used to Prove Who’s Responsible in a Truck Accident Case

To recover damages after a truck accident, you must prove that another party’s negligence caused the crash. Evidence that can help establish fault includes:
  • Police Reports: Official documentation of the accident
  • Eyewitness Statements: Testimonies from people who saw the accident
  • Surveillance Footage: Camera recordings from traffic or dash cameras
  • Driver Logs: Records of service hours and potential violations
  • Maintenance Records: Proof of whether the truck was properly maintained
  • Onboard Technology: Electronic logging devices (ELDs) and GPS tracking that record speed, braking, and hours of service
  • Accident Reconstruction: Physical evidence like skid marks, impact points, and vehicle damage to prove whether driver error, equipment failure, or other factors caused the accident.
Truck accidents can be complex, and multiple parties may be responsible for damages. If you or a loved one was injured in a truck accident, consult an experienced attorney to determine liability and seek fair compensation. Regan-Zambri-Long-GMB – Profile Regan Zambri Long is a Washington D.C. Law Firm representing personal injury victims of all kinds of accidents! As with any business, Regan Zambri Long has a Google Profile detailing all their Practice Areas: Got Injured In An Accident – Call Regan Zambri Long. Truck Accident Washington Truck Accident Attorney  Washington Truck Accident Lawyer  Washington Truck Accident Attorneys  Washington Truck Accident Lawyers    Personal Injury Personal Injury Attorney in Washington  Personal Injury Lawyer in Washington Personal Injury Attorneys in Washington Personal Injury Lawyers in Washington    https://sites.google.com/compbizblog.com/regan-zambri-longp-llc/home https://drive.google.com/drive/folders/1ekWXSHHgTITfdulBlPvIgvAnOiHR9TaH https://docs.google.com/forms/d/1DAnpSYlJQmwNZ561NFwyBY9TJthgCsmulXWvwVn4Rb0/viewform?edit_requested=true https://drive.google.com/file/d/1w_4sOgS7aIR8IzVjgTAkvvZZ1hOUjsQL/view?usp=sharing Call Regan Zambri Long if you or a loved one has been injured in a truck accident. Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.  
wrongful death
24 Oct by Steve M. Christensen

Personal Injury Law – What is Wrongful Death?

This Blog was brought to you by the J.A. Davis & Associates, LLP - Personal Injury Lawyers McAllen principal office in San Antonio

Personal Injury Law - What is Wrongful Death?

Have you experienced the death of a loved one? The death of a loved one can cause feelings of extreme anguish and mental trauma. If the death of a loved one is caused by another person, this anguish can be even more devastating! More about McAllen Wrongful Death Lawyers here “Wrongful Death” occurs when negligent acts or omissions (sometimes intentional acts) by another person, a business, or a government entity cause a person’s death. These are some examples of wrongful death situations: - An 18-wheeler truck driver who is busy on the phone while driving is failing to pay attention to his driving. If his inattention causes an accident that results in a fatality, then that driver could be responsible for the death of the person killed in that accident. - There may be dangers in the workplace causing the death of an employee. This could result in a wrongful death case against the employer or other parties if there was a negligent act or omission or some other fault of the employer or other party that caused the employee’s death. Spouses, children, and (sometimes) parents may have a wrongful death claim. Call now and you can speak with an experienced and qualified wrongful death attorney or wrongful death lawyer about your wrongful death case. Your call is free, and our highly experienced wrongful death attorney or wrongful death lawyer will be able to assist you in a wrongful death case!

What are Damages in a Wrongful Death Case?

Texas has a statute for wrongful death cases and damages. Typically, the law requires a person to be appointed to represent the estate of the deceased. This person would be the representative of the wrongful death case on behalf of the deceased person. There can be different categories of damages in a wrongful death case. These include medical expenses, lost income (including income earning capacity), pain & suffering, mental anguish, loss of companionship, love and affection, and maybe even “inheritance damages.” Analyzing damages in a wrongful death case requires analysis of many factors, such as the age of the decedent, occupation of the decedent, education levels, and other factors that could play a huge role in determining financial damages. If the deceased in a wrongful death case is a high-income earner, he or she might have a higher level of damages than in a wrongful death case where the deceased earns a lower income. There are situations where a person can seek punitive damages in a wrongful death case. The acts causing wrongful death must be proven to be extremely “egregious” or malicious. Exemplary damages also require a higher standard of proof. Even if the jury has approved punitive damages, the courts in Texas will generally have much stricter guidelines in approving punitive or exemplary damages. Your wrongful death case deserves the experience and professionalism that an experienced wrongful death lawyer or wrongful death attorney can provide. You can call toll-free and have a free initial consultation about your wrongful death case with one of our experienced wrongful death lawyers or wrongful death attorneys. Our attorneys offer a free initial consultation, and you pay no attorney fee or costs unless we recover money in YOUR wrongful death case.

What Are Some of the Causes of a Wrongful Death Claim?

Many causes of wrongful death may give rise to wrongful death lawsuits. A partial list is included to give some of the common causes of wrongful death claims. - Automobile/Car Accidents: Car accidents, including trucks, motorcycles, bus accidents, drunk drivers (or not drunk), and even train or pedestrian accidents! - Work Accidents: The category of “work accident” is broad and includes construction accidents, heavy equipment accidents, and industrial accidents. These accidents can include “explosions” at the workplace, faulty equipment, fires, or even product liability! - Premises Liability: Premises liability is when the death occurs on a property in circumstances that make a property owner liable. - Dramshop Liability: A bar owner can be held liable if someone is served too much alcohol on the bar’s premises and this results in the death of the person drinking, or others. - Negligent Supervision: If death occurs as a result of those in charge not properly supervising a minor, or someone considered “Mentally Unfit”, this is Negligent Supervision, which can result in a wrongful death case. - Medical Malpractice: Medical Malpractice is another broad category that (generally) indicates that the death of the individual has resulted from misdiagnosis of an individual, or perhaps poorly executed treatment or medical procedure. - Criminal Attacks: wrongful death claims arise in cases of Murder or Manslaughter. Do you have further questions about a wrongful death case? We have an experienced wrongful death attorney standing by, ready for your phone call. The call is free. The attorneys provide free consultation on all wrongful death cases, and you do not pay any attorney fees or any costs unless we recover money for the client in a wrongful death case. Are There Time Limitations To Bring a Wrongful Death Case? Generally, claims in a wrongful death case have to be brought within 2 years from the date of death. There are instances, however, when more than 2 years have elapsed since a person’s death, but some exceptions allow bringing a suit past this 2-year deadline. Never automatically assume that your right to file a suit has been waived, because of this 2-year “deadline.” Always consult with a wrongful death lawyer for guidance. If you, your family members, friends, or acquaintances find yourselves in circumstances involving the wrongful death of a family member or loved one, please give us a call. The experienced wrongful death attorneys at our Law Firm can help evaluate your case, and advise you on paths to explore in your pursuit of justice. We will fight for YOU! THAT’S a promise! Speak directly to a wrongful death attorney on standby 24 hours a day, seven days a week at our Law Firm. The call and initial consultation are free and we look forward to helping you with your wrongful death case or questions you may have about wrongful death. Please Find Some Great Articles On These Google Pages https://docs.google.com/drawings/d/1x1EUbKrplUwAe_2pHLukKjcl9OEXv6mtUlZs3RoZA2Q/ https://docs.google.com/document/d/1tF0vpUzQ-UWztYP9tM1VGaHnzGDrCOugkPlHGtfghVk/ https://docs.google.com/document/d/19Dz3GqzbtsPgBXM0cF7o1yM6PpxSFC3jliveDa1v4Y4/ https://docs.google.com/document/d/1ISPOoYZvXcdryy0SrfEBx3-046Hdd6dkFSvM5SWU7lA/ https://docs.google.com/document/d/1o4ftemDfdKZtuLt72zLMQ8-5Y87d3CAOVqT4Gg2D30w/ https://docs.google.com/document/d/1Puyd8NqRhTspVVYNIyBMznIJONN0JycyZIGB-2RNG4k/ https://docs.google.com/document/d/1FzDKHlnZui1YjXMQhXzcvV5Wk58h9nzCYUoBXMxzdt8/ https://docs.google.com/document/d/17V6SGP19JbMcdKUMMJrwZF_trNkVCcNpl5nqGoxRUmE/ https://docs.google.com/document/d/1f6MrTMCEh4tPowjvuI4ftbDCjQ-ymv9CEM15sPWUEWw/ https://docs.google.com/document/d/18vlJLymzDJERzBEBmeA2wwCAmUDSkRgHgvsrllCLMlI/ https://docs.google.com/document/d/16nlEVMJgCmURE-DAz7eno6wxB87v3WqziJ7DQ0WHFTQ/ https://docs.google.com/document/d/1cgyaHJG2gDc7i7UedZkcCheHuPMWAWDEP6HDCaJDyvc/ https://docs.google.com/document/d/1o4ftemDfdKZtuLt72zLMQ8-5Y87d3CAOVqT4Gg2D30w/
Car Accidents
15 Jul by Steve M. Christensen

Personal Injury Law: Car Accidents-Neck Injuries

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Car Accidents and Neck Injuries: Understanding the Impact

Car accidents can have devastating consequences, and one of the most common injuries sustained in these accidents is neck injuries. The forceful impact and sudden jolts experienced during a collision can cause significant trauma to the delicate structures of the neck, resulting in various types of neck injuries. Understanding the impact of car accidents on the neck is crucial for both victims and those seeking to prevent such injuries. More about our Car accident lawyer in San Antonio here Whiplash is the most frequently reported neck injury in car accidents. It occurs when the head is forcefully jerked back and forth due to the sudden deceleration or impact of the collision. Whiplash can lead to sprains or strains in the neck muscles and ligaments, causing pain, stiffness, and limited range of motion. Additionally, the discs, nerves, and vertebrae in the neck can also be affected, resulting in more severe symptoms such as radiating pain, headaches, dizziness, and numbness or tingling in the arms. Cervical fractures, also known as broken necks, are another type of neck injury that can occur in car accidents, especially in high-speed collisions or accidents with a significant impact. These fractures can range from minor cracks in the vertebrae to more severe fractures that may require surgical intervention. Cervical fractures can have serious implications, including spinal cord damage and paralysis, depending on the location and extent of the injury. Herniated discs are yet another common neck injury in car accidents. The force exerted on the spine during a collision can cause the discs, which act as cushions between the vertebrae, to bulge or rupture. When a disc herniation occurs in the neck, it can lead to localized pain, numbness, weakness, and radiating symptoms down the arms. It is important to seek immediate medical attention following a car accident, even if there are no visible signs of injury. Some neck injuries, such as whiplash, may not manifest symptoms until hours or even days after the accident. Prompt medical evaluation can help diagnose and document any injuries, providing a foundation for necessary treatment and potential legal claims. Treatment for neck injuries resulting from car accidents often involves a combination of conservative measures and, in severe cases, surgical intervention. Conservative treatments may include pain management techniques, physical therapy, chiropractic care, and the use of supportive devices such as neck braces. Surgery may be required to repair fractures, herniated discs, or other serious neck injuries. If you have suffered a neck injury in a car accident due to the negligence or recklessness of another party, it is crucial to consult with a personal injury attorney experienced in handling car accident cases. They can help you understand your legal rights, navigate the complex legal process, and pursue compensation for medical expenses, lost wages, pain and suffering, and other damages related to your neck injury. Prevention is key when it comes to neck injuries in car accidents. Wearing seatbelts correctly, adjusting headrests to the appropriate height, and ensuring that vehicles are equipped with properly functioning airbags and safety features can significantly reduce the risk of severe neck injuries. Safe driving practices, adherence to speed limits, and maintaining a safe distance from other vehicles can also help minimize the chances of being involved in a car accident and sustaining a neck injury. In conclusion, car accidents can lead to various neck injuries, including whiplash, cervical fractures, and herniated discs. Seeking immediate medical attention and legal guidance is crucial if you have sustained a neck injury in a car accident. By understanding the impact of car accidents on the neck and taking preventive measures, we can strive to reduce the occurrence and severity of these injuries on our roads. Our Location: