Who is to Blame for Your Damages and Pain from a Flatbed Accident?
Our investigators can find out once you have been seriously hurt in a trucking accident. The first thing that must be done is to determine whose fault the wreck was, which usually points to the defendant or defendants who are legally liable for injuries you or your loved one suffered and property damage. More on this website about Truck Accident Lawyers
In many flatbed trailer accidents, multiple parties may be liable for these damages, and there can be more than one defendant. A legal application in Texas law called “respondent superior” states that employers of those found liable for the wreck are ultimately responsible for the actions or inaction of their employees. In an insurance claim or civil case involving an 18-wheeler, anyone or a combination of several different parties can be responsible and held liable for the wreck: the trucker, the company he or she works for, the company that loaded the trailer, or the employee who planned the truck’s route. Most often, liability insurance companies will be responsible for paying your damages, but that’s not necessarily the case. Also, the state and most of its counties now outsource a lot of road maintenance duties and interstate highway and tollway construction to private industry. So, if a privately-owned company – during its road construction or maintenance project – somehow creates conditions that cause an 18-wheeler flatbed accident in which you are injured, they may also be held liable for a portion – or maybe all – of the accident. All private companies retained by the state to build and maintain Texas roads MUST document that they are insured or provide a large bond out of company assets.
To win your claim among a plethora of potential defendants, you need an experienced big truck wreck lawyer who can also effectively investigate the scene of an accident to discover who is liable so you know whom to sue. That attorney must also be well-versed at running asset checks and further investigating all defendants’ worth and insurance coverage levels to make sure they can pay for your damages somehow. Now local or state law enforcement officers investigate all 18-wheeler accidents and, to a certain extent, the US Department of Transportation (DOT), especially repeat offenders, of their statutes and federal laws governing interstate commerce. Though those investigations often reveal the primary defendant in the wreck, they always stop short of identifying all contributing defendants. Experienced truck accident lawyers and their investigators can reveal every liable party and the degree of responsibility each one played in the accident. Occasionally, our investigations reveal other facts of the case surrounding the accident that law officials either miss or initially downplay. We pass them along to the appropriate local, state, and federal law or reporting agencies for further action if they feel it is warranted.
When you are injured in a flatbed accident, you, the plaintiff, along with your attorney, must determine whether the negligent truck driver caused the wreck or if a mechanical malfunction might be responsible (in which case, a product liability claim or lawsuit might be filed, or maybe the company that maintained the truck is accountable, or someone else played an essential part in contributing to the wreck. What if the company that owned the cargo failed to load it properly or didn’t properly secure the cargo to the bed, causing it to shift or break free during transport and topple off the trailer and on your car or truck? Or did the route planner negligently send the truck into an area not zoned for 18-wheelers? It is rarely easy to determine immediate fault in any 18-wheeler accident. Rarely is the matter cut and dried? You stand to benefit in many ways through the expertise of a local truck accident law firm that will make sure that all the liable parties for your injuries resulting from a truck accident in Texas are held responsible for the injuries you or your loved one has suffered, the damage to your vehicle and its contents.
For any questions, feel free to call the Carabin Shaw Law Firm in San Antonio