Unlike the simple traffic accidents whose cause often boil down to driver errors, conditions of the road or vehicle malfunctions, trucking accidents tend to have numerous other factors leading to the accident. Accidents involving large or commercial vehicles usually have many parties involved and determining who exactly is to be held liable is vital for the accident victims. From the truck driver and the owner to the truck/equipment manufacturer, identifying each and every person or business entity responsible for the crash helps the victims and their families to determine whether their claims are valid and also helps to determine how to present their case.
Due to the complexity of determining truck accident liability, it is always advisable to seek the services of an attorney who has experience dealing with truck accident cases. In the section below, we are going to take a look at the potential defendants in a truck accident case.
The Truck Driver
In most cases, the truck driver is usually the one held solely responsible for causing the accident. As with other drivers, truck drivers are also expected to adhere to all the driving rules in order to maintain safety within the roads. Many factors may lead to the driver holding liability. For example, if it is established that the driver was distracted during the time of the accident, driving while under the influence, overspeeding or engaging in other dangerous driving behaviors, then they are held responsible for the injuries and damages without the inclusion of other entities.
The Trucking Company/Owner Of the Truck
The trucking company also has a major role to play in ensuring the safety of their trucks. They have to ensure that the drivers they hire are properly licensed and qualified to handle the large trucks. If the attorney is able to uncover an undoing by the company, then the company will be held liable. It may be established that the company had been cutting corners around safety and pushing drivers to break federal safety regulations in order to meet unrealistic regulations.
Trucking companies may not necessarily own the truck but they are provided with it by an owner. The owner has a responsibility of maintaining the truck and ensuring that it is regularly inspected to make sure that all the vital parts and safety systems are in good condition. The owner may be held liable if the federal regulations governing the inspection and maintenance of trucks were not adhered to.
Cargo Loaders
Improperly secured or overloaded cargo may lead to a trucking accident. Unsecured cargo boxes may fall off the truck causing damages to other vehicles and injuries. In such cases, the loader is the one who is held responsible.
The Manufacturer/Repair Shop
Various systems and equipment are responsible for the safe operation and handling of trucks. Defects in this equipment due to the errors of the manufacturer or in the case of the repair shop, if a critical safety part is incorrectly replaced or repaired leading to the accident, then the truck accident liability lies on the manufacturer and the repair shop respectively.