If you are an injury victim who is planning to sue a third-party with the help of a Texas car accident attorney, it is important for you to know that your chances of recovering the compensation you deserve, depends on the theory of liability your claim is based on. And whatever is the case, you will need the help of a professional Texas Car Accident Attorney.
4 Common Theories of Liability Shared by a Texas Car Accident Attorney
Given below are four common theories of liability that might be applicable to your claim.
This is the theory of liability that a vast majority of auto accident claims are based on. If the driver of the vehicle acted in a negligent or reckless manner, and if their actions resulted in an accident, you can hold them liable for your injuries and file a claim against them with the help of a Texas car accident attorney.
Common examples of negligent behavior include:
- Driving while impaired
- Distracted driving
- Driving while fatigued
- Aggressive or reckless driving
Under the theory of vicarious liability, a trucking company can be partially held liable for the accident caused by their driver. In order to hold the company liable, your Texas car accident attorney must prove that at the time of the accident, the driver was engaged in work-related duties and was acting within the scope or course of their employment.
This is a theory of liability that is mostly used in commercial motor vehicle claims. Trucking companies are required to hire and train drivers in accordance with federal regulations. If they fail to do so, they can be held liable for the accident caused by the driver.
For example, if a truck driver causes an accident, and if it is found that they were not qualified or experienced enough to drive a commercial vehicle, your Texas car accident attorney can hold the trucking company liable for your injuries – as they should not have hired the driver in the first place.
Similarly, if a truck driver causes an accident, and if it is found that they have a history of distracted or aggressive driving, the trucking company can be held liable – as they failed to have a comprehensive pre-employment screening program in place.
This is a theory of liability that is applicable to the car as well as truck accidents. If a car or truck accident was caused as a result of a mechanical defect or malfunction, the manufacture of the auto part can be held liable for your injuries.
The difference between strict liability and other theories of liability is that your Texas car accident attorney is not required to prove that the manufacturer was negligent or acting with malicious intent. The very fact that the product they manufactured malfunctioned or was found to be defective is enough to hold them liable for the economic and non-economic losses caused by the accident.
Maximize the Value of Your Claim by Choosing the Right Texas Car Accident Attorney
Attorney Dana G. Kirk has been fighting for victims of car and truck accidents in Houston and Dallas for over 40 years. He has the legal knowledge and experience needed to identify all the parties who can be held liable for your injuries, choose the right theory of liability to base your claim on and recover adequate compensation for the tangible and intangible losses you suffered.