How To Determine Fault In A Semi-Trailer Truck Collision?
Semi-Trailer Truck Collision
Texas is home to the highest number of fatal semi-trailer truck collisions in comparison to any other state within the country. This article will help you decide whether you should file a personal injury case yourself or get a Baton Rouge gas truck accident lawyer to file your personal injury case.
The article contains important information related to Texas semi-trailer truck collisions. But before we get into the details of how to determine fault in a semi-trailer truck collision. Let’s look at some Texas definitions and statistics.
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What is the Definition of “Truck” in Texas?
A “truck” in Texas is defined as any vehicle that is used to transport goods or property. According to the Texas Size/Weight Limits, a semi-trailer or two-vehicle combination can have a length anywhere between 59 feet to 65 feet. There are specific laws that apply to different kinds of trucks. The following are examples of some vehicles that can be defined as a truck in Texas.
- Semi-trailer truck
- Box truck
- Delivery truck
- Dump truck
- Oil & Gas Truck
- Refrigerated truck
- Tow Truck
It is important to remember that this is not a comprehensive list of trucks in Texas.
Texas Semi-Trailer Truck Collision Statistics 2020
According to the Texas Department of Transportation, there were a total of 22,214 semi-trailer truck collisions in Texas in the year 2020 alone. This number translates to a little more than 60 semi-trailer truck collisions each day if we consider there are 365 days in a year. In 2020, almost 3,735 accidents involved a commercial motor vehicle in Dallas alone.
Dallas is the third highest populated county in Texas after Houston and San Antonio but still the most dangerous for commercial motor vehicle accidents.
What are the Consequences for Victims of a Semi-Trailer Truck Collision?
A tractor-trailer, big rig, or semi-trailer truck collision can have serious health consequences for the victim. The size, build, and weight of a semi-trailer truck can be very dangerous in the case of a collision even if all of the other driving conditions are perfect. A victim can become physically paralyzed after a semi-trailer truck collision leaving them unable to perform their job.
The victim will need proper legal representation in a court of law to receive compensation for their physical injuries because the semi-trailer truck drivers will have large organizations to represent them.
Respondeat Superior to Determine Fault in a Semi-Trailer Truck Collision
“Respondeat superior” is a Latin phrase that translates to “let the master answer”. In a court of law. This means that the employer is responsible for the duties of the employee when the employee is on duty. According to this reasoning. The trucking company is responsible for the actions of the truck driver when the truck driver is on duty.
The only time when respondeat superior might not apply is if the driver intentionally caused. The full knowledge of the consequences taking matters into their own hands.
Respondeat superior will also not apply if the truck driver is an independent contractor working in coordination with the trucking company. The truck driver will be directly responsible for the semi-trailer truck collision if the driver caused the accident while off duty. It is always recommended to seek professional legal advice before making any assumptions about liability.