While all accidents are unfortunate scenarios on the road, truck accidents have been rendered to have more damage due to the size and weight of the trucks. Most accidents involving trucks have led to property damages and catastrophic injuries. As a result, successfully identifying the liability in a truck accident is among the most crucial concerns of a victim seeking compensation.
Below are the different liable parties in a truck accident:
The Truck Driver
The truck driver involved in the truck accident may be held liable for various reasons. For instance, they may have showcased negligent behavior such as distracted driving, over-speeding, or being under the influence of alcohol and drugs. In a few cases, the driver might have been under medication and felt drowsy or overwhelmed by weather conditions while driving. Furthermore, violations of the federal hours of service within which a driver can work without breaking can also lead to a tragic truck accident.
The Trucking Company
The trucking company may be held responsible if they fail to conduct complete truck maintenance and inspection. Furthermore, they may have liability if they fail to place adequate safety precautions or push the driver beyond their working limit. In addition, the company may be at fault if it had hired an unqualified driver or failed to offer training to a newly hired driver.
The Truck Owner
Sometimes the trucking company may not own the truck but only use it to complete their work. The truck owner may be held responsible for truck maintenance and inspection in this case. The truck’s owner must ensure that the maintenance processes adhere to federal regulations.
The Maintenance Company
When a trucking company contracts a third-party maintenance company, it may be liable for an accident. The maintenance company will take care of compensation if they fail to inspect the vehicle properly and repair any detected problems.
The Cargo Loader and Shipper
The cargo loader may be liable for a truck accident if the accident involves the cargo. For instance, if the equipment or boxes on the truck falls off and causes injuries or damage to properties, the loader may be held responsible for the
accident. The loaders are expected to inspect the cargo for safety to avoid cargo accidents.
Government Agencies and Contractors
In some instances, truck accidents may result from the negligence of government agencies and contractors responsible for road safety and maintenance. For example, if faulty or broken hazards exist or a critical road sign is absent, the contractor within the stretch may be found at fault. Additionally, if a contractor’s work or set up on the road may have contributed to the accident, then it may be considered negligence on their part.
Determining the Liable Party in a Truck Accident
Due to the different liable parties in a truck accident, sometimes it becomes difficult to pin responsibility on one party. Hence, it is always advisable for a truck accident victim to seek the assistance of a truck accident lawyer. Through the guidance of a lawyer, it becomes easier to present legal and sufficient evidence to discover the party at fault.
