Overturned semi in truck accident feature photo

Truck Accidents

Is the Truck Driver or Their Employer To Blame for Your Accident?

Posted by: Kemmy Law Firm

Truck accidents can be devastating and often result in a lot of damage, both physically and to your vehicle. It’s essential to find out what happened and who is responsible so you can get everything you’re entitled to fast.

At the Kemmy Law Firm, our family-run firm of trial lawyers have decades of experience working with truck accident victims across the Permian Basin. From our offices in San Antonio, Texas; Odessa, Texas; or Hobbs, New Mexico, our truck accident lawyers understand that various parties may be at-fault for your accident and know how to hold them accountable.

Call us today at (210) 750-1019 or use our online form to reach out. Initial consultations are 100% free, and there’s no cost unless you recover compensation.

Who Is At-Fault for Your Truck Accident?

Some truck accidents are clear cut. Other times, it might take an investigation to determine who is to blame. This can make a big difference in getting all the compensation you deserve.

It’s essential to cover all your bases before pointing the finger at who might be to blame. Kemmy Law Firm will leave no stone unturned to figure out who should be held accountable. We might get answers from truck industry experts and an accident reconstructionist, who assign fault based on science. We also might interview witnesses and have a mechanic look at the truck.

Some of the most common parties to blame in a truck crash include:

  • The truck driver
  • The trucking company
  • A mechanic
  • The truck owner
  • The truck driver’s employer
  • A parts manufacturer
  • A repair shop
  • Cargo loaders

Assigning fault is critical because you need to name everyone who could be responsible for your lawsuit. If you fail to name someone, you might not get all the compensation you deserve, one of the named parties could shift the blame, or your case might be thrown out altogether.

Is the Truck Driver Responsible?

Most motor vehicle accidents are caused by driver error. That means it is likely that the truck driver did something that caused your crash. We will look into the most common causes of trucking accidents in which the driver was responsible.

We will review driver logs to determine if they met the requirements for breaks and driving time. We will also review cell phone records and other data.

Our investigation will include drug testing as well. We will make sure to review all of the information available to determine responsibility.

When is a Trucking Company To Blame?

The trucking company may also be responsible for your accident. They are legally required to hire and train drivers who have the appropriate knowledge to drive big rigs. Failure to do so can result in unsafe practices, equipment failures, and more.

Proving that a large trucking company is to blame can feel intimidating. But trucking companies must properly maintain trucks and keep records. An experienced accident lawyer will know how to uncover any evidence that points to the trucking company being at fault.

Out truck accident, lawyers will engage in the discovery process right away. This is an essential step in the process, where we request all related documentation to prove responsibility in your case.

Liability in Truck Accident Cases

Responsibility and financial liability are different in the legal world. Although the truck driver or company may be responsible, their insurance companies will be financially liable. The insurance company will ultimately pay for your damages.

The insurance company will also have a team of lawyers on their side. You need to have someone on your side who will thoroughly investigate your wreck and hold the parties who caused the accident accountable.

Kemmy Law Firm Can Guide Your Claim

A trucking claim in Texas or New Mexico can be challenging to navigate. You have to determine all of the parties at fault and make appropriate claims against their insurance companies. Kemmy Law Firm can help you through this process. Let us review the details, explain how to pursue the compensation you deserve, and go after every dollar.

Call us today at (210) 750-1019 or use our online form for a free, initial consultation.

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Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.