Determining who is responsible may be more difficult than you think when you’ve been in a big rig truck accident. In combination with getting treatment for your injuries and recovering your losses, identifying who is responsible for an accident may seem like a low priority. However, obtaining appropriate compensation for the accident could depend on who is at fault and who has the financial responsibility to pay you.
Big Rigs Do a Lot of Damage
Big rigs have the name for a reason. They are large, heavy vehicles in comparison to others on the road. The National Safety Council’s website states that Texas had 810 deaths resulting from large truck crashes in 2022 – the most deaths by far nationwide. Big rig crashes can kill or seriously injure drivers in other cars, even in seemingly minor accidents, because of the sheer size and weight of these trucks. They can weigh up to 80,000 pounds—over 25 times as heavy as a typical car.
If you’ve been in an accident involving a big rig, you may have life-threatening or life-changing injuries. It’s important that you receive compensation for those injuries and damage to your car when someone else is at fault. You might not realize that a big rig driver could be personally responsible for the costs of an accident, or an insurance company or trucking company may have the responsibility. In addition, various factors affect who is at fault in a big rig accident that could matter for your case.
Financial Responsibility for Big Rig Truck Accidents
Many big rig drivers are independent contractors who may own their semi-trucks or rent them from a truck company. Independent contractors typically carry their own auto insurance policies, although the companies who hire them may also have insurance. Other truck drivers are employees of trucking companies. If a truck driver is an employee, the company should have auto insurance covering the driver.
As you pursue a claim against a big rig driver, figuring out who holds the insurance policy is key. A good personal injury lawyer can help you track down this information. For an employee driver, you’ll also need to know whether the driver was working when the accident occurred. Sometimes, companies argue that their drivers were not working at the time and were running personal errands or driving home. If a company is successful with this argument, it could pass off responsibility for payment to the driver and it could impact insurance coverage. Your lawyer will want more information about the circumstances to determine how it could affect your case.
Who Is At Fault for Big Rig Accidents?
In addition to determining financial responsibility, determining who is at fault in your accident matters greatly. Because big rig trucks tend to drive slower than passenger cars, it may initially appear that a passenger car cut off a truck, causing an accident – when actually the truck was drifting in its lane or swerved unexpectedly.
In Texas, even drivers who are partially at fault for accidents can recover some compensation. If you are found to be less than 51% at fault, you can receive a damages award, which will be reduced by the percentage you’re found to be at fault. If you work with a lawyer who helps you obtain a settlement instead of going to court, possible fault will be a factor in your lawyer’s settlement demands and the insurance company’s corresponding responses.
Ensure you get a lawyer if you believe the big rig driver caused your accident. You’ll want assistance with investigating the accident, obtaining insurance information, and dealing with settlement calculations while you spend time recovering from your injuries. A good lawyer will work with you to help you get the compensation you deserve after a big rig truck accident.
Our Personal Injury Legal Team Is Here For You
If you’ve been injured in a big rig truck accident, you need legal advice about your situation from an experienced personal injury attorney. Our firm represents all kinds of personal injury clients in Texas, including those injured by trucks or other large vehicles. The lawyers at Duke Seth, PLLC, can help you learn more about your options during a free consultation. Contact us online or call us at (214) 466-1740 to set up your appointment today.
Q&A with Duke Seth
Q: The investigating police officer’s report incorrectly put me at fault. Am I out of luck?
A: Not necessarily. While police reports are given substantial weight, the reality is that the investigating officer did not witness the accident. The basis for their report is their investigation, which sometimes can be incomplete. For example, one recent case involved a police report that put our client at fault, but the investigating officer missed a stop sign that the other driver had. A simple Google earth image proved to the insurance company our client had the right of way and was not at fault. In short, a the investigating officer and their report is not the final judge of who caused the accident.