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How Do I Determine Liability in a Truck Accident?

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How do I determine liability in a truck accident

When a collision involves a truck, it can be difficult to determine liability. Unlike passenger car accidents, where it is usually easy to prove the driver was at fault, truck accident cases require extensive research into many different factors.

Whether the truck driver is employed by a company or is an owner-operator or independent contractor will play an important role in the case. Other important details include whether the driver violated federal regulations and if the truck’s maintenance was up to par.

The truck driver

While most truck drivers take their jobs seriously and adhere to strict safety regulations, some do not. When these drivers engage in negligent behavior behind the wheel, it can cause serious and disabling accidents that leave passenger vehicle drivers harmed.

When a truck crash happens, the truck driver must be the primary party held accountable. However, determining liability in these types of crashes is often more complicated than a typical fender bender between two private vehicles.

This is because truckers have a variety of documents they must keep track of that can reveal important information, such as the length of time they were driving, whether they received any citations for reckless or careless conduct, and even what type of cargo they were hauling. These records, along with other pieces of forensic evidence, can help your lawyer establish the cause of your accident and determine which parties are liable for it. Your lawyer can then work with the appropriate insurance companies to obtain the compensation you deserve.

The trucking company

Since truck drivers are usually employed by a company or agency, that entity will be held responsible for the actions of their employees. In some cases, however, the truck driver may work as an owner-operator and not directly under any agency or company.

In those situations, determining liability will be more complicated. The accident victim could file a lawsuit against the driver’s personal insurance carrier. If the crash occurred while the driver was working within the scope of their employment, a lawsuit against the company would be more appropriate.

The trucking company could also be held responsible for an accident if it had policies or procedures that contributed to the incident. This could include poor maintenance, improper inspections, inadequate training, or negligent hiring. It’s important to speak with an experienced lawyer who can analyze the evidence and determine the correct parties to file a claim against. Identifying all liable parties is vital to recovering the maximum amount of compensation possible for a crash involving a commercial truck.

The truck’s manufacturer

If you were injured in a collision with a large truck, it could be the fault of more than one party. A thorough investigation of your accident and its contributing factors will help to determine which parties are liable for your losses.

Trucking companies are often held liable for truck accidents under vicarious liability laws. This is because they hire the drivers who operate their trucks and are responsible for the safety of those vehicles. If the trucking company puts profits ahead of safety by pushing drivers to drive unsafely or by not maintaining their trucks, they can be found liable for any accidents that occur.

Additionally, truck accidents may be caused by defective parts or unsafe cargo. In these cases, the manufacturer of the truck or its parts or the cargo loader may be held liable. This is particularly true if the defect contributed to the crash. In these types of claims, evidence like black box data, maintenance records and inspection reports will be examined to determine liability.

The shipper or loader

When truck accidents occur, it is not uncommon for multiple parties to be held liable. For example, if a truck driver breaks the law, has an operational issue within their vehicle or becomes distracted while driving, they can be held accountable for causing injury to others. Similarly, if a truck accident is caused by a defective part or component in the vehicle, such as a tire blowout or steering or coupling system failure, the manufacturer can be held responsible.

Shippers, who are the companies that send cargo for transport by truck drivers and other carriers, can also be held liable in Southeast Washington truck accident cases. They have a responsibility to properly inspect and secure their cargo. If the load shifts during transit or causes other problems with the truck, like loss of control, a truck accident attorney can examine the evidence to determine which parties were negligent. In many cases, multiple parties are found liable for a crash and can be awarded compensatory damages for their involvement.

Medical Malpractice Lawyer
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