Trucks are seen on the roads and highways across the state. Unfortunately, their weight and size make them a potential threat to other drivers.
If you are involved in a truck accident, determining liability is necessary to help you recover the compensation you deserve.
The complexity of these incidents often involves multiple factors and entities, making the question of liability challenging. Below are the parties that may be accountable for a truck accident.
Truck driver
The person behind the wheel is frequently scrutinized for their role in the accident. Several factors may lead to the driver being fully or partially at fault, including driving under the influence, fatigue, reckless driving or violation of traffic laws can directly attribute liability to the truck driver. In such cases, the driver’s actions or negligence are central to determining responsibility.
Trucking company
Trucking companies can be liable under the legal principle of “respondeat superior.” This means the employer of the driver is responsible for the employee’s actions. This is only true if the driver was working when the accident occurred. If the trucking company fails to provide proper vehicle maintenance, enforces unrealistic schedules that lead to driver fatigue or hires drivers without proper background checks, it could be liable for the resulting accidents.
Vehicle or parts manufacturers
Manufacturers of the truck or its components can also be held liable if a defect in the product contributed to the accident. This includes faulty brakes, tire failures or malfunctioning steering systems. Liability in such cases hinges on proving that the defect was inherent in the product and caused the accident.
Other parties
In some instances, other parties may share liability. This can include cargo loaders, if improperly secured cargo led to the accident, or government entities responsible for road maintenance if hazardous road conditions were a contributing factor.
Investigating each factor listed is necessary to determine liability in truck accidents. Each party’s contribution to the incident is examined, which helps recreate the chain of events. This will find all responsible parties and hold them accountable.
