El Paso Truck Accident Lawyer

Who is Liable for a Truck Accident?

In a truck accident claim, multiple parties could be held liable, depending on the circumstances of the accident. Here are some of the main entities that might be held responsible:

• Truck Driver: The truck driver can be held liable if their actions, such as speeding, driving under the influence, or distracted driving, caused the accident. If the driver violated regulations, like driving for too long without rest, they may also be held responsible.
• Trucking Company: A trucking company can be held accountable for its driver's actions if they were acting within the scope of their employment. Additionally, if the company was negligent in hiring, training, or maintaining its trucks, they could be liable for the crash.
• Truck Manufacturer or Parts Manufacturer: If the accident resulted from a defect in the truck or its components, the manufacturer could be held liable under product liability laws. This includes faulty parts like brakes or tires that directly contributed to the crash.
• Cargo Loaders: Cargo loaders can be liable if improper loading of the truck caused the cargo to become unbalanced or unstable, leading to the accident. Their failure to secure the load properly can result in dangerous driving conditions.
• Maintenance Providers: If a third-party company was responsible for maintaining the truck and failed to do so correctly, they might be held liable. Poor maintenance that results in mechanical failure can be a significant factor in truck accidents.
• Government Entities: Government entities may be held liable if poor road conditions, such as potholes or inadequate signage, contributed to the accident. They are responsible for maintaining safe roadways, and failure to do so could make them liable.
• Other Drivers: Other drivers may share fault if their reckless or negligent behavior caused the truck driver to lose control or contributed to the accident. In situations where another vehicle is involved in a collision, they might be held partially responsible.
• Insurance Companies: Insurance companies are not directly liable for causing accidents, but they play a crucial role in compensating victims based on the liable party's coverage. They assess liability and offer financial compensation to those injured in the crash.

What’s the Difference Between Truck Accidents and Car Accidents?

There are two primary differences between truck accidents and car accidents. First, because of the sheer size difference between a commercial truck and a passenger vehicle (80,000 pounds vs. 3,000 pounds), the injuries for those involved in a truck accident are likely to be much more severe, even catastrophic or fatal. Those in the passenger vehicle may suffer such serious injuries as traumatic brain injuries and spinal cord injuries, along with amputations, burns, and serious internal injuries. 

The second big difference between truck accidents and car accidents is that in a truck accident, there may be more than one liable party. The truck driver may have been impaired, distracted, fatigued, or driving carelessly. If the driver works for a trucking company, the company may bear the liability for the driver’s negligence. If the trucking company failed to conduct a thorough background check or ensure the driver was fully trained, they may also bear responsibility. 

If the accident was the result of bad tires, brakes, or another maintenance issue, the maintenance company may share liability. When a truck accident is caused by poorly loaded cargo, the loading company may be responsible for the accident, or at least partially responsible. Your attorney must have experience with truck accidents in order to know who to hold accountable for your accident, or how to split the liability. 

What Laws Govern Truck Accidents in El Paso?

In the summer of 2021, the Texas Legislature passed HB19, and the Governor signed it into law. This law significantly changed the process of how a person injured in a commercial truck accident receives compensation for damages. Unfortunately, HB19 could make it more difficult for commercial truck accident victims to recover compensation for their injuries from trucking companies. An altered system must now be navigated by the injured person (or their attorney). First, the victim is required to establish driver negligence as well as the total amount of their damages. No personal injury claim may be filed until these two things have been done, and a claim may only be filed if the driver was clearly negligent. 

Further, the jury is not even allowed to know who the employer of the truck driver is unless the driver has been found to be liable for the accident. Historically, the law has held that an employer is liable for an employee’s wrongful actions only when those actions are within the scope of employment. This means that employer and employee (truck driver and trucking company) are generally joined as parties in a personal injury lawsuit. HB19 does not allow the employer to be a party to the lawsuit until the driver has been shown to be clearly responsible for the accident. 

Local Truck Accident Statistics

According to KTSM news, a 2022 study done by an out-of-state law firm found that fatal accidents involving large commercial trucks are relatively common in Texas as compared to other states. Texas ranks tenth on the list in terms of the frequency of fatal crashes involving semi-trucks. As many as 11.4 percent of fatal vehicle crashes in 2020 in the state of Texas involved a large commercial truck. Out of 5,460 vehicles across the state that were involved in a fatal accident in 2020, 622 of those accidents involved a semi-truck. The state of Wyoming had the highest percentage of fatal truck accidents, at 19 percent. 

Local Resources to Help with Your Injuries

If you’ve been involved in a truck accident in El Paso, TX, the following resources could be of benefit to you:

• Hospitals (not a complete list)
  • University Medical Center of El Paso (915) 233-6427
  • The Hospitals of Providence NE Campus—(915) 233-6427
  • The Hospitals of Providence Memorial Campus—(915) 233-6427
  • The Hospitals of Providence Sierra Campus—(915) 233-6427
  • The Hospitals of Providence East Campus—(915) 233-6427
  • The Hospitals of Providence Transmountain Campus—(915) 233-6427
  • The Hospitals of Providence Horizon City Campus—(915) 233-6427
  • Las Palmas Medical Center—(915) 233-6427
  • Del Sol Medical Center—(915) 233-6427
• Urgent Care Facilities (not a complete list)
  • UCare Urgent Care—(915) 233-6427
  • Southwest Urgent Care—(915) 233-6427
  • MedPost Urgent Care—(915) 233-6427
  • Summit Urgent Care—(915) 233-6427
  • Upper Valley Urgent Care—(915) 233-6427
  • CareNow Urgent Care—(915) 233-6427
• Police—911 or:
  • El Paso Police Dept. on Raynor Street—(915) 233-6427
  • El Paso Police Dept. on Dyer Street—(915) 233-6427
  • El Paso Police Dept. on Escobar Drive—(915) 233-6427
  • El Paso Police Dept. on Pebble Hills Blvd. (915) 233-6427
  • City of El Paso Police Department on Lee St.—(915) 233-6427
  • El Paso Police Dept. (Commander) on Campbell Street—(915) 233-6427
• Fire Department—(There are many fire station sub-stations across El Paso with the same number as #3 listed).  
  • El Paso Central Fire Station—(915) 233-6427
  • El Paso Fire Station 3—(915) 233-6427

How Do I Know if I Have a Valid Truck Accident Claim?

Speaking to an attorney from Harmonson Law Firm will let you know whether you have a valid claim for damages or not. Your attorney will comprehensively evaluate the accident, determining whether the fault is clear or must be proven through an investigation, and what your injury damages will be. He or she will also determine how long your injuries are expected to last, and whether they will prevent you from returning to work (and how long). Your attorney can then tell you whether you have a valid truck accident claim or not.

How Can I Choose the Best Truck Accident Lawyer for Me?

At Harmonson Law Firm we know that you have choices when you are looking for an El Paso truck accident lawyer. We also know that we can not only offer you every benefit that a large law firm can offer, but we also provide the highly individualized attention and care of a smaller firm. Attorneys Clark Harmonson and Hadley Huchton have been helping people in similar situations for many years. We are experienced and highly skilled, yet compassionate and understanding. We believe that once you talk to one of our attorneys, you will immediately see why Harmonson Law Firm is the best choice for you, your family, and your future. 

Helping Good People Injured in Bad Accidents—How Harmonson Law Firm Can Help

Our El Paso truck accident lawyers understand how devastating trucking accidents are for victims and their loved ones. Severe injuries often require ongoing medical treatment, expensive surgeries, lifelong physical and cognitive rehabilitation therapy, in-home care, loss of income due to temporary or permanent disabilities, and extreme emotional distress. In very severe cases, you may be facing unexpected funeral costs and the pain of losing your loved one.

No matter your unique situation, our attorney is here to provide you with the compassionate legal guidance you need and the sound representation you deserve. Our legal team is committed to your case, working toward an optimal outcome that meets your goals and needs. 

Don’t wait to get help! Contact us at (915) 233-6427 to learn more about how our firm can help you. We offer free initial consultations.