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January 26, 2023
- Trucking Accidents
- By Cesar Ornelas
A big truck accident is one scary event, especially if you’re in a car and collide with the giant. Not only can you become severely injured, but you may also have a lifetime of medical problems. Even if a big-rig rolls over, it can end in a fatality or a life-changing injury for the driver.
When these types of accidents happen, the truck company’s or trucker’s insurance company is usually the go-to source for financial recovery. However, to proceed with the process, you need to determine the at-fault party. You should also contact a truck accident lawyer who is well-versed in handling these kinds of claims.
Driver Fault
Truck drivers in car accident cases are assessed for liability. This extends to all the parties in the accident. In El Paso, this means that the parties’ insurance companies will review the accident to examine each driver’s involvement in the wreck.
The Liability of the Trucking Company
Trucking insurance companies often serve as the primary negotiators in auto-truck collisions. As a result, multiple injury claims are common in the truck insurance industry.
It is also common for truck insurers to reduce the value of claims to increase their bottom line. Moreover, the insurance company works closely with the trucking company to reduce the damages paid. Therefore, a victim who is severely injured may not receive a fair settlement.
Big Truck Injuries
Did you know that about 160,000 people were injured in accidents that involved commercial trucks in 2019? These trucks included big rigs, 18-wheelers, tankers, and delivery trucks. Most of the drivers in the accidents were driving straight or negotiating a curve. Auto drivers also frequently crash when making left-hand turns.
When you speak to a personal injury lawyer about your car-and-truck accident, you’ll need to provide them with information on the truck driver’s employer, if applicable, the truck driver and truck insurance company.
You may be able to get more money if you file a claim against the truck driver, the trucking company, the owner of the truck, the cargo owner, and/or the truck maintenance company, whichever may apply.
Truck Driver Liability
A commercial truck collision can happen for many reasons. The major reasons include the following:
- Equipment failure
- Poor road designs
- Inclimate weather conditions
- Driver error
If the trucker in the crash was negligent and at fault, you could submit an insurance claim or lawsuit against the driver. Again, you may also consider other parties, such as the driver’s employer.
Respondeat Superior
When truck insurance companies consider payouts, they look at the liability of the employer. This type of review is based on a legal concept known as respondeat superior. Under this theory, the plaintiff can seek joint and several liability, receiving money for each wrongdoer in the accident. This activity follows the law of indivisible injury, where the plaintiff chooses the defendants from whom to collect the settlement.
To prove that a trucker works for a company and is not considered an independent contractor or owner-operator, a claimant needs to review the trucker’s schedule and find out how they are paid. Truck insurers and auto insurance companies both ask these questions to see how much liability to assign the trucking company and truck driver.
Comparative Negligence
With respect to auto claims, Texas is a comparative negligence state for fault-based insurance or personal injury cases. Each party is held accountable for a proportionate share of the fault. Therefore, to receive a feasible settlement, you have to work with an attorney who can show the other party’s negligence and prove they were primarily at fault.
Types of Truck Insurance
The two main types of insurance coverage for commercial trucks include primary liability insurance and general liability coverage. Primary liability pays for bodily injury and property damage that a trucker causes, while general liability insurance protects a trucking business from accident claims that happen during day-to-day operations.
Therefore, these incidents may include loading delivery mistakes or slip-and-fall accidents as well. Bobtail insurance also covers drivers if they use their trucks when they’re not conducting business.
A trucking company or truck driver may possess insurance that extends into millions of dollars. That is why it is important to consult with a personal injury attorney who can handle and negotiate a settlement for a car-truck accident claim.
Call an El Paso Truck Accident Attorney for a Consultation
Have you been involved in a car-truck accident where you were severely hurt? If so, you need to speak to a car-truck accident attorney. In San Antonio, consult with an experienced legal team. Call Cesar Ornelas Injury Law, at (210) 592-4114 right away.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.
