Liability in trucking accidents is one of the primary concerns when facing injuries and property damage from the large or commercial truck that destroys the car and leads to physical injury. Holding the correct party responsible for the damage is of the utmost importance to recover from the incident and acquire all necessary compensation.
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. A truck accident attorney may investigate the matter to determine who is at fault.
Truck Accident Liability: Who Could Potentially Be Responsible?
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
Establishing liability in a truck accident can be challenging. With a thorough investigation and gathering of evidence, a truck accident attorney like Brandon J Broderick, Attorney at Law, can discover the true responsible and at-fault party to hold accountable. If you’ve been a victim of a truck accident, we can help. Contact us or call us at 201-298-4373 for a free consultation.