A fully loaded semi can weigh up to 80,000 pounds. Your car? Maybe 4,000.
So when a commercial truck hits a smaller vehicle, the results are often devastating and can leave you with some serious questions:
Why did this happen? Who’s responsible? And what can I do about it?
These aren’t just emotional reactions—they’re the first steps in your fight for justice. And make no mistake: in truck accident liability cases, the blame rarely stops with the driver. It often stretches to the companies that hired them, trained them poorly (or not at all), failed to maintain the truck, rushed shipments, and put profits before safety.
If a truck accident injured you, your case is about more than pointing fingers. It’s about exposing every act of negligence and holding every responsible party accountable.
Our New Mexico and Texas truck accident lawyers will explain what you should know.
For a free consultation, please call (575) 222-1000 or fill out our online form today.
Are Truck Drivers the Only Ones Responsible for Damages?
It makes sense to focus on the drivers first. After all, they’re the ones in control of the truck. But the drivers are just one part of a much larger picture. That picture includes a network of employers, contractors, and decisions that may contribute to a crash long before anyone gets into the cab.
Yes, a driver can be personally liable, especially if they were:
- Distracted,
- Speeding,
- Driving under the influence, or
- Ignoring safety regulations.
But in many cases, the driver was acting under pressure. The trucking company may have pushed them to meet unrealistic delivery deadlines or forced them to cut corners to stay on schedule. That’s where trucking accident liability gets more complex.
Who Else Could Be Liable?
Multiple companies and service crews often put a truck on the road, and any one could share fault when a crash occurs.
Here’s where we look next:
- The trucking company. Did they hire an unqualified driver, skip training, or push unrealistic delivery schedules? If a company puts profits over safety, they may (and should) be held accountable.
- The loading company. Improperly loaded cargo can cause a truck to tip, jackknife, or lose control. If cargo was too heavy, unbalanced, or unsecured, the loading crew may share the blame.
- Maintenance contractors. Big trucks need constant care. The mechanic or maintenance company could face liability when brakes, tires, or steering systems fail due to poor maintenance.
- Parts manufacturers. Sometimes, the issue is a defective part, like a faulty brake line or steering mechanism. In those cases, the manufacturer could be responsible under product liability laws.
Every crash involves a chain of decisions. Every link in that chain plays a role in determining who is liable for a truck accident. But assigning liability isn’t enough—you’ll also need to prove those actions were negligent.
What Is Truck Accident Negligence?
Negligence means someone has a legal duty and fails to act responsibly, leading to serious consequences and harm to another person.
Examples of truck accident negligence include the following:
- A driver skipping rest breaks,
- A company setting unrealistic delivery times,
- A mechanic ignoring worn-out brakes,
- A loader exceeding weight limits,
- A truck being sent out in an unsafe condition, or
- Hiring an unlicensed or unqualified driver.
Each of these examples points to the same legal standard: someone had a duty to act safely and failed to do so. When that failure causes a crash, you may have the right to file a claim and seek compensation for your injuries.
But even when someone breaks safety rules, your location can affect what the law allows.
How State Laws Can Affect Your Case
Truck accident liability is not just about identifying who caused the crash. It also involves understanding how your state determines financial responsibility when more than one party is involved.
If you’re asking, “Are truck drivers responsible for damages?” The answer is often yes. But they are rarely the only ones who may be accountable. Each state has its own rules for dividing fault among the driver, the company, and others involved.
Here’s how the fault rules differ in Texas and New Mexico:
Texas: Modified Comparative Fault with a 51% Bar
Texas uses what’s known as a proportionate responsibility system.
Under this rule:
- You can only receive compensation if you are found to be 50% or less at fault;
- If you are 51% or more responsible, you are not eligible to recover any damages; and
- If your level of fault is under 51%, your compensation is adjusted based on your share of blame.
For example, if you were awarded $100,000 in damages but found to be 25% at fault, your final recovery would be $75,000.
New Mexico: Pure Comparative Fault
New Mexico follows a pure comparative fault rule. This approach is more lenient toward injured parties.
Under this system:
- You can still recover compensation regardless of how much you contributed to the crash, even if you were mostly at fault; and
- Your compensation is reduced in proportion to your percentage of responsibility.
For instance, if your total damages were $100,000 and you were 70% at fault, you could still receive $30,000.
What This Means for Your Case
Understanding your state’s approach to trucking accident liability is essential. These rules influence how much compensation you may be able to recover or whether you can pursue a claim at all. That is why building a case around detailed evidence and state-specific legal knowledge is important when truck accident negligence is involved.
Why You Need a Lawyer Who Understands the Trucking Industry
Truck accidents aren’t like typical car crashes. The injuries are more severe. The companies are bigger. The legal issues are more complex. And the opposition? They’re ready to fight.
So are we.
At Tawney, Acosta & Chaparro P.C., we go toe-to-toe with trucking companies and their insurers to protect the people they hurt. We’ve taken on overloaded rigs, unqualified drivers, and companies that thought they could cut corners and get away with it.
They were wrong.
If you or a loved one has been injured in a truck crash in Texas or New Mexico, don’t wait. Let us help you hold the right people accountable and fight for the justice you deserve.
Call (575) 222-1000 or send us an online message today for a free consultation.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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