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Trucking Injury FAQ

Is the Employer or Employee Responsible?

Our Trusted Houston Truck Accident Attorneys Can Provide Answers

If you are involved in a trucking accident, you may be wondering who exactly is responsible for the damages that you incurred. In some cases, it may not be directly the employee's fault, but that does not mean that the employer is not at least partially to blame. In other cases, the employee is directly at fault for the accident. In either case, the help of a Houston truck accident lawyer from Arnold & Itkin is invaluable.

With extensive investigative resources and trusted legal expertise, victims can trust that our firm will pursue every avenue of just compensation. We know how to navigate trucking accident litigation, and we have extensive legal experience in trials against large trucking companies.

Holding a Trucking Company Liable

Trucking companies can be held vicariously liable for a catastrophic injury or wrongful death caused by their truck drivers. This means that the actions of the driver—if the wreck occurs in the course and scope of the driver's employment—are imputed to the trucking company. For instance, the company would be responsible for the trucker drinking or texting while behind the wheel. Even though the company was not directly involved in the accident, they are still responsible for the conduct of their employees and are therefore may be guilty of employer negligence.

The trucking company may also be held directly liable in the following cases:

  • For hiring a truck driver with a bad driving record
  • For hiring a truck driver with a criminal background
  • For hiring a truck driver with a history of health problems
  • For inadequately training their employees
  • For negligently supervising the employees
  • For encouraging employees to break federal trucking regulations

It is best to have a legal professional determine who was at fault for your accident because you may not realize how important the background information of the truck driver is to your case. The truck driver’s history, recent logbook entries, and other trucking regulations are of utmost importance in pursuing your case.

Holding the Truck Driver Responsible

While the trucking company may be held partly liable for many of the employee’s actions, the employee can also be held liable for a trucking accident. An employee’s motive and other factors are also considered when holding the employer or the employee liable for a victim’s injuries.

An employee can be held responsible for the following:

  • Failure to inspect the truck before a shift
  • Driving too fast for weather conditions
  • Making an unsafe or illegal turn
  • Failure to brake
  • Drowsy driving
  • Failure to properly secure loads
  • Using a cell phone while driving
  • Driving while impaired by drugs or alcohol

Our team of Houston truck accident attorneys can sift through accident scene information such as logbooks or company records to determine the cause of the trucking accident. We refuse to cut corners because we know our work changes lives for the better.

For more information about our representation, request a free case evaluation today or call (888) 493-1629.

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  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
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