Truck Accident Claims You Can File in TX, NY, CA & UT

The repercussions of a trucking accident might be disastrous. Commercial trucks are large and heavy; therefore, injuries are frequently serious and involve several people. It is essential for injured individuals to comprehend the different kinds of legal actions and the legal steps of a truck accident claim in order to obtain compensation. There are many claims that an injured party may make against at-fault parties in trucking accidents in Texas, New York, California, and Utah. Understanding these legal steps of a truck accident claim is essential to protecting your rights and receiving the compensation you deserve.

Understanding Who Can Hold Parties Liable in a Trucking Accident

Trucking accidents are rarely simple. Multiple parties may share responsibility depending on the circumstances. Knowing the legal steps of a truck accident claim can assist an injured individual bring a clear against any or all of the following:

• Truck Driver: For negligent driving, such as speeding, distraction, or fatigue.
• Trucking Company (Carrier): For improper hiring, lack of training, or failure to maintain vehicles.
• Owner of the Truck or Trailer: When ownership is separate, liability may shift depending on leasing agreements and control over maintenance.
• Cargo Loaders: If an individual improperly loaded or secured the cargo, causing a hazardous shift or spill.
• Maintenance Contractors: For failing to inspect or repair vital components like brakes or tires.
• Vehicle Manufacturers: In cases where defective parts contributed to the crash.

Each state has specific standards and deadlines for filing these claims, so understanding the applicable laws in Texas, New York, California, and Utah is essential. Recognizing all responsible parties is an essential component of building a strong truck accident claim.

Common Causes of Action in Trucking Accident Lawsuits

1. Negligence – This is the most common basis for a personal injury claim. A plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused damages. A few examples of negligence could be if the driver was texting while driving or had fallen asleep behind the wheel.
2. Negligent Hiring, Training, or Supervision – This claim targets the employer or trucking company. If they knowingly hired an unqualified driver or failed to provide proper training or supervision, they may be held liable.
3. Vicarious Liability (Respondeat Superior) – In cases where a truck driver is working within the scope of employment, the employer can be held responsible for their actions, even if the company itself was not negligent.
4. Negligent Maintenance – A cause of action may be brought against parties responsible for inspecting, maintaining, or repairing the truck. This includes both the company and third-party repair contractors.
5. Product Liability – If a mechanical failure, such as a brake malfunction, caused the accident, the vehicle or parts manufacturer may be liable. This is a strict liability claim, which means the plaintiff does not need to prove negligence—only that the product was defective and caused harm.
6. Improper Cargo Loading – Improperly secured cargo can shift during transit and cause the driver to lose control. If you can prove negligence, you can file claims against the loading crew or logistics company.
7. Wrongful Death – If the accident results in a fatality, surviving family members may file a wrongful death claim. These claims seek compensation for funeral costs, loss of income, emotional distress, and loss of companionship.
8. Survival Action – A survival claim is filed on behalf of the decedent’s estate to recover damages the victim would have been entitled to had they survived.

State-Specific Rules That Affect Truck Accident Litigation

Understanding the state-specific rules will assist in the overall process of filing that claim.

Texas

Texas – Texas applies modified comparative fault with a 51 percent bar. If the injured party is more than 50 percent at fault, they cannot recover damages. Texas also allows for punitive damages in cases involving gross negligence, such as driving under the influence.

Statute of Limitations: Two years from the date of the accident
Notable Law: Texas Transportation Code Title 7 governs commercial vehicle operation.

New York

New York – New York is a pure comparative fault state, meaning a plaintiff can recover damages even if they are 99 percent at fault, although their recovery will be reduced accordingly. It is also a no-fault state, which means Personal Injury Protection (PIP) coverage pays for basic medical expenses regardless of fault. However, serious injuries may allow for lawsuits beyond the no-fault system.

Statute of Limitations: Three years for personal injury; two years for wrongful death
Notable Law: New York Vehicle and Traffic Law Article 6 outlines responsibilities for commercial drivers.

California

California – California also follows pure comparative negligence, allowing partial recovery regardless of fault percentage. The state has strong protections for injured victims and allows claims against employers under respondeat superior. California also heavily regulates commercial transportation more than most other states.

Statute of Limitations: Two years for personal injury; one year for government claims
Notable Law: California Vehicle Code § 17150 assigns owner liability for permissive use of a vehicle.

Utah

Utah – Utah follows a modified comparative fault with a 50 percent bar. Plaintiffs must be less than 50 percent at fault to recover. Utah also requires mandatory insurance minimums and limits on non-economic damages in some cases.

Statute of Limitations: Four years for personal injury; two years for wrongful death
Notable Law: Utah Code Title 41 regulates motor carriers and liability insurance requirements.

Comparative Fault and Its Role in Multi-Defendant Cases

Multiple responsible parties often contribute to trucking accidents, so comprehending the legal steps of a truck accident claim is crucial. Comparative fault has a big impact on the outcome in these states:

• In California and New York, plaintiffs can still recover even if they were mostly at fault.
• In Texas and Utah, crossing the 50 percent threshold bars recovery completely.

Investigating all potential culpable parties is crucial for this reason, especially lesser-known ones like subcontracted loaders or outside maintenance crews.

How KAASS LAW Can Help

At KAASS LAW, we understand the complexities of multi-state trucking litigation. Our legal team investigates liability, preserves evidence, and files strategic cases against all responsible parties, whether your injury occurred in California.

We assist with:

• Identifying liable entities through detailed case analysis
• Filing state-specific actions within the legal time limits
• Pursuing compensation for medical bills, lost income, pain and suffering, and wrongful death
• Handling insurance negotiations and fighting undervalued settlements
• Connecting you with expert witnesses and accident reconstruction specialists

If you or a loved one has been injured in a trucking accident, contact KAASS LAW today for a free consultation. Our attorneys are committed to protecting your rights and maximizing your recovery across multiple jurisdictions. Call KAASS LAW, leave it to us!