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This content is for informational purposes only and is not intended to provide legal advice.
Truck accidents are often more devastating than collisions involving passenger vehicles. The massive size and weight of a commercial truck, plus the cargo it might be toting, makes for a much more potentially deadly situation.
If you have been injured after an accident with a truck and plan to file a lawsuit, it’s crucial to know who’s liable. Several parties may be responsible, including the trucking company, truck driver, and vehicle manufacturer.
Who Are the Potentially Liable Parties in a Truck Accident?
When you file a personal injury claim with your truck accident lawyer, it’s crucial to know who to hold liable. The following parties might be at fault for the accident:
The Truck Driver
The truck driver can be at fault for the accident for many reasons. These include driver error, distracted driving, speeding, driving under the influence of alcohol or drugs, or fatigued driving. In most cases, a truck driver is liable due to driver error. The driver is required to be alert and careful behind the wheel, but even the safest truckers can end up in an accident.
The Trucking Company
Sometimes, the trucking company is liable for a truck accident. If the company failed to properly maintain or inspect the truck to ensure it was safe to travel the roads beforehand, it could be held liable. Trucking companies are required to follow all federal rules and regulations on commercial trucks.
Those that try to skip over these crucial steps and send poorly maintained trucks on the road or force their drivers to make their destination without rest breaks put everyone at risk. In some cases, the trucking company and truck driver can both be held liable for a truck accident.
The Truck Owner
If the trucking company doesn’t own but leases the truck, the truck’s owner can be liable for an accident. In this situation, the truck owner is responsible for regular maintenance of all components and ensuring that the truck is in good working condition. Like trucking companies, truck owners must comply with all federal rules and regulations.
The Cargo Loader or Manufacturer
The cargo loader or manufacturer might be liable for a trucking accident that occurs when the cargo is directly responsible for that accident. Cargo must meet the legal weight limit requirement and should be properly secured using the appropriate tie-downs.
What Factors Can Lead to a Truck Accident?
To know who is liable for a truck accident, it’s crucial to establish the specific factors that led to the accident in the first place. Depending on what happened, one particular party or multiple parties may be responsible. Certain types of trucking accidents can occur based on different factors.
Speeding
A jackknife truck accident is very common and occurs when the cab of the truck’s trailer is in one position while the trailer is at a 90-degree angle of it. This is a type of truck accident that can occur when the truck is traveling too fast or the driver brakes too quickly.
These accidents are often the fault of the driver, but the manufacturer of the brakes or the trucking company might also be liable if the truck’s brakes were faulty.
Improper Cargo Load
Truck accidents stemming from improper cargo loading usually occur because the truck is overloaded or the cargo comes loose and spills onto the road. Liable parties for this type of accident are usually the cargo loader or manufacturer. In some cases, the trucking company may be responsible.
Tire Blowouts
When a truck has a tire blowout, it either means the truck’s weight limit has exceeded federal rules and regulations or the tires were worn and should have been replaced. The trucking company and truck driver are required to ensure that the tires are in good condition and are replaced when necessary.
Driver Negligence
A rollover truck accident is one of the deadliest. Contributing factors include driver inexperience or negligence. As a result, the truck driver is usually the liable party for this type of accident.
Your Attorney Can Help You Recover Damages
Truck accidents can result in catastrophic injuries that might even be permanent. Your attorney can help you recover the damages you’re due such as medical expenses, ongoing treatment, pain and suffering, lost wages, and property damage. Funeral and burial expenses are also recoverable damages if the accident claimed the life of a loved one.
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