This blog has previously discussed the some of the types of regulations that truckers and their employers must follow to satisfy federal and Texas safety laws. These rules exist mainly for the protection of others who use the public roadways in the state. Because of the large size and weight of fully loaded commercial vehicles, they tend to pose a particularly dangerous hazard when involved in accidents. So, what is negligence and how does it apply to truck drivers in Texas?
How to Recoup Damages After a Truck Accident
While it is not pleasant to contemplate, those who have been injured, or who have had a family member killed in an accident involving a truck, may have a way to recoup some of their financial losses.
What is Negligence and How to Prove it
As has been pointed out in the past, the majority of accidents involving trucks occur due to human error. Whether poor maintenance of equipment, or a mistake on the road caused by fatigue, a truck driver or company may have been the cause of a given accident. In these cases, civil law suits may be available to hold the proper parties responsible for the damage caused.
The most common claim arising from such human error that causes an accident is that of “negligence.” This cause of action, in its simplest form, alleges that someone did something the person should not have done, or didn’t do something that should have been done. In practice, however, it is a bit more complicated, as the person injured must have been owed a duty by the individual accused of negligence, and the injury must have been caused by said negligence.
Importantly, there are several different types of negligence that affect cases in different ways. Some examples of these different types include prima facie negligence, gross negligence, vicarious negligence, and much more.
This can get much more complicated, as we may discuss in future posts, as the concepts of duty, causation, and more, can be broken down into different components for legal argument. For now, however, it is enough to point out that people who have suffered injury from a Houston truck accident may wish to consider consulting an experienced Texas injury attorney to explore their options.