Determining Who Is Liable for a Truck Accident

Trucking accidents involve many individuals and at least one company or agency depending on what type of trucker drives the vehicle. For commercial trucks, the driver may hire on through a company that transfers and ships equipment or items, but he or she may also drive as an independent contractor without a connection to an agency. In these situations, the trucker may remain solely liable for the incident. Knowing which connection exists is vital for the victim in seeking compensation with a lawyer to help through a legal claim. The lawyer may investigate the matter to determine who is at fault.

The Potentially Responsible Party

There are several that are potentially liable in a truck accident. If the manufacturer of the truck created the vehicle with a defect, this could lead to the incident. Another manufacturer could create the ropes or pulleys that keep equipment and items secure on the vehicle. The agency that hires the trucker may not perform inspections correctly. Additionally, if the agency cuts corners, the employer or company may hold liability in the accident. Then, there are third parties that could have some connection to the collision. The last person is the trucker, and he or she may possess full responsibility or share it with another party.

The Truck Driver

The driver of a large truck may hold liability in an accident for many reasons. He or she may break the law, have an operational issue within the truck or become distracted. If he or she consumes drugs or alcohol, he or she may remain accountable for damages caused solely. Other factors may increase the chances of an accident to include long hours in a single trip, driving at night, drowsy driving and health conditions. Often, it is the truck driver held liable for the injury or property damage without any other person or company at fault.

The Trucking Company

The company that hires a trucker is often the responsible party. Proving this is difficult unless an expert or the lawyer is able to expose certain matters. These issues may include an inspection that is incomplete, the company cutting corners around safety, unrealistic expectations that push the driver further than he or she should and attempt to meet deadlines that cause the incident. Many investigations demonstrate that the trucking company and a manufacturer share liability in an incident due to faulty equipment and cutting corners to increase speed. An expert witness and the lawyer may uncover these elements during an investigation into the company after an accident.

The Owner of the Truck

If the trucking company does not own the truck but uses it and provides the vehicle for a trucker, the owner may hold liability in a trucking incident. The owner may have a responsibility in inspecting the machine, checking the engine, upkeep with tires and the internal workings of the truck. The individual that owns the truck must maintain the necessary parts to include brakes, fluids inside the vehicle and even the tires and electronic system. Federal regulations govern the inspection and maintenance of these trucks. Without following these steps as the federal government specifies, the owner may become liable for damages.

The Cargo Loaders or Manufacturer

Some accidents involve the cargo on the truck. If the loader did not fully inspect the cargo and secure it properly, the loader may become liable when the boxes or equipment falls off and damages another vehicle or causes injury. Additionally, the manufacturer of parts of the truck may hold liability if there is a defect that causes an accident. The parts batch could malfunction and lead to a tire blowout, mechanical failure or faulty brakes. In these situations, the manufacturer of the parts retains liability and is often responsible for paying damages to the victim.

Truck Accident Lawyer Determining Liability

If the victim of a trucking incident is unable to provide evidence about who is liable for the accident, the lawyer hired for the claim may assist and support him or her. Through an investigation and gathering proof, the lawyer may discover the true responsible and at-fault party to hold accountable in the courtroom for damages.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

Need a Lawyer? Let Us Help You