It is not often that a commercial vehicle operator intentionally collides with another driver. Because of this, it would generally be unfair to say that any driver in a truck accident intended to cause anyone harm. Therefore, it is important for injured parties to seek the help of a Plano truck accident lawyer.
However, Texas law recognizes that truck drivers may still be legally responsible for harm they cause due to carelessness or a violation of traffic law. As such, Plano recognizes the tort of negligence in truck accident cases.
What are the Applicable Negligence Laws?
Negligence is a legal theory that applies when one person has a legal responsibility to protect another. When this responsibility, or duty, is violated and the protected person becomes injured, the at-fault party may be held legally responsible to pay damages.
All drivers of all vehicles always have a duty to protect all other drivers, pedestrians, and passengers. Therefore, there is always duty present in a truck accident case.
If a truck driver is careless by driving for too many hours in a row or violates a rule of the road by speeding or ignoring a stop sign, they are considered to have breached their duty of care. If that breach directly causes physical injury to someone else, there may be grounds for a negligence claim.