If you get hurt in a car accident involving an 18-wheeler in Texas, you will need to prove liability before you can recover financial compensation through an insurance claim or personal injury lawsuit. This is due to Texas’s fault-based law, which allows accident victims to bring claims against at-fault parties but requires proof of liability before an insurance company will offer compensation. A San Antonio truck accident attorney can help you navigate these complex laws and help you get the compensation you deserve.
Liable Parties in an 18-Wheeler Accident Case in Texas
Proving liability begins with identifying the liable parties, or defendants. These are individuals or entities who are most at fault for causing or contributing to the truck accident. Liability – which is defined as legal and financial responsibility for someone else’s injuries or harm – for a truck accident can go to one or multiple parties.
Examples of liable parties include a trucking company, a truck driver, a cargo company or a part manufacturer. An investigation of the crash is often necessary to determine its cause and any contributing factors. With this information, the defendant(s) will be named and a claim can be filed by the victim.
What Is the Burden of Proof?
When a truck accident victim files a personal injury claim in an attempt to recover financial compensation for his or her medical bills, property repairs and other losses, he or she becomes the plaintiff. The plaintiff in a civil lawsuit bears the burden of proof. This means he or she is responsible for proving the claim being asserted. The burden of proof is a “preponderance of the evidence,” which also means more likely to be true than not true.
How to Prove Liability in a Truck Accident Case
Proving liability in a truck accident case requires clear and convincing evidence that the defendant(s) named is more likely to have caused the collision than not. Most of these cases are based on the legal theory of negligence, or a breach of the duty of care. In personal injury law, someone is negligent if he or she falls short of the required standard of care based on the circumstances.
For example, a truck driver has a duty to drive safely, prudently, and in accordance with traffic laws and federal safety regulations. If a truck driver breaches this duty with an act of negligence such as texting and driving or drunk driving, he or she has been negligent. Proof of negligence or a breach of the duty of care, and a connection between this breach and the 18-wheeler accident, are required for a victim to prove his or her case and secure compensation.
Types of Evidence Available in an 18-Wheeler Accident Case
Proving any type of motor vehicle accident case in Texas requires evidence. There must be proof establishing the required elements of the claim. A variety of types of evidence may be available to support an 18-wheeler accident case in San Antonio, such as:
- Police accident report
- Eyewitness statements and interviews
- The victim’s medical records
- Videos and photographs
- Crash scene evidence
- Trucking company compliance records
- Truck driver medical and driving histories
- Cell phone records
- Truck driver logs
- Truck maintenance and inspection records
- Electronic logging devices
- The truck’s black box
- Accident reconstruction
- Expert witness testimony
You do not have to collect evidence or prove liability in your truck accident case alone. Hiring a truck accident attorney in San Antonio can allow you to rest, relax and focus on healing from your injuries while an experienced lawyer investigates your accident and takes steps to prove liability on your behalf. Contact Hill Law Firm today.