Determining fault in a truck accident is complicated because of its laws. Therefore, you must prove fault if you have suffered injuries after colliding with the commercial truck.
Knowing the parties responsible and holding them accountable is essential to ensure you get justice and compensation.
In this case, you need to hire a lawyer to help with the investigations. The following are the parties that may be partially liable for the accident.
Truck Driver
When a truck accident happens, the driver is always the first one to go through scrutinization. It is because drivers must follow the regulations, especially those who drive big rigs.
This is why it is necessary to hire a lawyer to determine if the driver is at fault. The driver may be held liable for the accident if:
- They were over-speeding, and the high speed caused the accident.
- They changed the lanes wrongly. The driver must check blind spots before changing lanes because failure to do that puts other vehicles on the road in great danger.
- Reckless driving is another reason why the driver may be liable. Such driving involves behaviors on the road that put other drivers in danger. Such include not obeying red lights and stop signs or driving too fast when they should go slow.
Other behaviors that may put the driver on the blame include driving under the influence, tailgating, and distracted driving.
Trucking Company
Even if the trucking companies cannot be held responsible for the behavior of their drivers, they have the responsibility for their drivers, truck, and the damages. You ought to speak with a truck accident attorney to investigate if the trucking company played a part in the accident.
The company may have policies and expectations that may contribute to the accident. Unfortunately, putting the trucking company at fault can be difficult.
Trucking companies must screen their employees and ensure they meet all the qualifications before assigning them the vehicles. They must also provide training, conduct background checks, and schedule drug screening programs often.
The drivers must also be supervised and given enough time to rest. Liability comes when the company fails to meet these policies. Therefore, it will be partially responsible for the damages and injuries.
Truck Owner
If the trucking company does not own the truck, the blame may also extend to the truck owner. The owner will be handled as a separate party and held liable for the accident.
They are responsible for keeping track of the maintenance tasks and vehicle inspections. They must also confirm the engine’s condition and other aspects to ensure their vehicle is safe.
Therefore, if the owner fails to do this, they will be partly responsible for the accident.
Shipping Company or Loaders
If the load in the truck was not securely loaded and its shift during transit caused the accident, the loaders or shipping company may be liable. Shipments not correctly loaded and secured cause tire blow, transmission or brake failure, and loss of control.
The accident may also happen due to overloading such that the load exceeds the required limit. If the attorney examines the vehicle and realizes that the load was not appropriately secured, the loading party will be liable for negligence.
However, that is if nobody else tampered with the shipment.
Manufacturer of Vehicle Parts
Some accidents happen because of defective parts that nobody knew about until the occurrence.
Therefore, if a vehicle part was poorly designed and this defect led to the accident, the vehicle parts manufacturer will also be liable for the collision.
The Service Center
Crashes involving trucks may also occur due to maintenance problems. Maintenance liability may fall on the trucking company and the truck owner. However, the service center may also be at fault.
If the service provider or mechanic was responsible for ensuring the truck is in good condition, they have to ensure that. After that, an inspection must be done to ensure the owner properly maintained the vehicle before the accident.
The mechanic, trucking company, or truck owner must provide maintenance records to confirm the truck was not neglected.
Determining Fault in a Truck Accident
You probably understand why determining liability after a truck accident is complicated from the details above. There are several parties involved, and fault can be multi-party.
Furthermore, there are different causes of truck accidents, and determining them when seeking compensation is a lot of work that requires an enormous amount of time, effort, money, dedication, and several experts.
However, that does not mean you should not seek justice if you have been involved in a trucking accident. Get a qualified trucking accident lawyer to help you with the investigations and pursue justice and compensation.
