18-wheelers and other commercial trucks are familiar sights on Texas roads and highways. While many trucking companies take steps to ensure the safety of their drivers and others on the road, accidents still occur, bringing up legal challenges and questions about liability. In these challenging situations, it is essential to have an attorney who understands the complexities of these cases and the best defense strategy for your unique case. Disputing fault, claiming partial liability, and establishing the negligence of a third party may be the best ways to strengthen your claim and protect your business.
At Fahl & Donaldson, our attorneys have over a century of combined experience defending trucking companies and helping business owners protect their rights and interests. We understand the ins and outs of Texas’ truck accident liability laws and are ready to apply our wealth of experience and skills to your unique case. When you partner with our firm, you can trust us to use our legal expertise to choose the best possible defense strategy for your case.
Effective Trucking Accident Defenses
The skilled attorneys at Fahl & Donaldson understand there is no one-size-fits-all approach to trucking accident cases, and the best defense strategy will depend heavily on your unique case. A few common defense strategies we employ for our clients include the following:
Insufficient Evidence
In Texas, the burden of proof is on the plaintiff. In other words, their attorney must present enough compelling evidence for your company to be held liable for their losses. If they are unable to provide insufficient or weak evidence, our team can dispute their claim and help you avoid liability.
Partial Liability
You may not bear full liability even if your trucking company was partially at fault for the victim’s losses. Under Texas’ modified comparative negligence rule, the plaintiff must be less than 51% responsible for their accident and related losses to claim compensation. If they were engaging in distractions or disregarding traffic laws, they may not be eligible for damages or may have their claim for compensation significantly reduced.
Third-Party Liability
In some cases, the accident may not have been caused by the trucking company or the plaintiff. If there is evidence that another party, such as another driver or parts manufacturer, is responsible for the accident, your attorney may be able to establish their liability and absolve your company of fault.
Pre-Existing Injury
In addition to proving that your trucking company caused the accident, the plaintiff must also establish that their injuries are the direct result of the accident. If the plaintiff’s injuries were present before the accident, they may not have grounds to file a claim for compensation. Our attorneys will meticulously investigate your case to determine the cause of the accident and the validity of the plaintiff’s claim.
Discuss Your Case With an Experienced Trucking Defense Attorney at Fahl & Donaldson
If your company is facing legal action due to a truck accident, it is essential to have a seasoned legal professional in your corner. At Fahl & Donaldson, our attorneys are dedicated to crafting the best possible defense on your behalf. We understand how challenging facing a legal dispute can be and will work with you to tailor our approach to your unique needs. We have extensive experience achieving favorable outcomes for our clients and are ready to fight for you.
To learn more about how we can defend your business, schedule a free consultation today by calling (346) 241-7355 or completing our online contact form.