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How is Liability Determined After a Truck Accident in Austin?


— December 17, 2021

If the company is moving hazardous materials such as fuel, chemicals, or radioactive materials, they need to have special permission from the government, and the driver also needs to be qualified to ship these substances.


Austin, TX – When a large commercial vehicle or semi truck needs to make a delivery, there is always a risk of an accident. Trucking is actually one of the most dangerous professions in the United States, and companies in this line of business need to purchase special high risk insurance. If a truck driver is involved in an accident, their employer may be liable for paying all costs related to the collision if certain factors are met. Much of liability is determined by the rules of negligence, and Texas has specific negligence laws that are used in lawsuits within the state. 

Foreseeable hazards

Truck drivers need to take extra care when dealing with things like hazardous materials or other types of dangerous cargo. Another common and foreseeable danger is a truck that is not properly maintained. Things like failures of brakes and tires are very common causes of truck crashes. The truck should be loaded properly, maintained regularly, and any other necessary precautions need to be taken before each delivery. If any of these potential problems are not checked before a delivery, this may be strong evidence of negligence.

Driver behavior

Image by Mitchell Luo, via Unsplash.com.
Image by Mitchell Luo, via Unsplash.com.

In many truck and motor vehicle accident cases, mistakes made by the driver are the cause of the crash. This is normally due to things like speeding, failure to signal, driving under the influence of drugs or alcohol, or going through stop signs. In addition to these traffic violations, truck drivers have to follow special rules related to driving hours, mandatory breaks, and rest periods. If there is evidence that the driver did not comply with all of these regulations, the victim will have a strong case to prove liability against the driver and their employer. 

Truck licensing and transportation requirements

The company that operates the truck will have a number of requirements to operate legally and make deliveries. This starts with the hiring of their drivers, who need to have a commercial driver’s license, and they should also have a clean background that does not include multiple prior accidents or other serious mistakes. The driver should also be qualified to drive the specific type of vehicles that the company uses regularly. If the company is moving hazardous materials such as fuel, chemicals, or radioactive materials, they need to have special permission from the government, and the driver also needs to be qualified to ship these substances.

Learning more about lawsuits from an injury attorney in Texas

Robson Law Firm helps people with accident and personal injury issues in the Austin area. Their lawyers are available to consult with anyone who needs assistance after an injury. 

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