Identifying Additional Parties That May Be At-Fault For a Truck Accident

texas insurance claim form

Fort Worth traffic collisions involving tractor trailers, 18-wheelers and other heavy goods vehicles can cause massive property damage and bodily injuries. Since the average semi-truck weighs up to 80,000 pounds (and oversize trucks weigh up to 200,000 pounds) the devastation can be catastrophic. As a result, if you or someone you love is injured in a Fort Worth truck accident, it is critical that you consult with a board certified Dallas-Fort Worth personal injury attorney as soon as possible. 

In most truck crash cases, the motor carrier is at fault. However, there are sometimes situations where other parties - like the broker or shipper - might be responsible for the wreck. In these cases, the amount of money you could receive in compensation will be significantly higher. This is important to know, since truck wreck victims' medical bills and other expenses tend to be serious. 

Broker Liability

The broker works as a middle man between the motor carrier and the shipper, arranging transportation for goods by contracting truckers. Brokers could be responsible for an accident if they fail to properly screen their drivers or investigate their safety record. At the absolute minimum, the law expects brokers to review a trucking company’s safety evaluation and statistics, as well as any internal records of the carrier’s safety performance. Failure to do so means that the broker could be found liable for negligent hiring and will be held responsible for a wreck. 

Shipper Liability

As with brokers, shippers must also properly investigate an independent driver or trucking company’s safety qualifications in order to avoid liability for negligent hiring. In some cases, a shipper will retain control over the transportation process, in which case they would be considered directly responsible for the driver’s conduct (similar to a traditional employer-employee relationship).

In some accidents, the shipper themselves could be found to be at fault. A shipper who participates in the loading process can be found liable under common law negligence if the load wasn't secure or otherwise unsafe.

Download My Free Guide

If you or someone you love has been hurt in a semi-truck accident, it’s easy to feel overwhelmed. You’re missing work, you might have unpaid medical bills, you’re in pain and you feel uncertain about the future.

I wrote this guide to help accident victims understand the right steps to take after an accident to ensure they get the money they need to pay for their injuries, damages, lost wages and pain and suffering. 

Download my free guide now: How to Make a Successful Truck Wreck Claim in Texas

 

Other Articles You Might Be Interested In:

Determining Liability and Fault in Commercial Motor Carrier Accidents

Improper Truck Loading & Securing Leads To Serious Accidents in Texas

Personal Injury Compensation Types in Texas

Truck Wrecks Caused by Driver Fatigue and Drowsiness

Truck Accidents Caused by Poorly Maintained Brakes

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas