All You Need to Know about Truck Accident Liability

Truck Accident Liability

All You Need to Know about Truck Accident Liability

All You Need to Know about Truck Accident Liability

If you or any of your loved ones has been injured in a truck accident or if someone very close to you has lost his/her life after being hit by a truck, it is extremely important for you to know about the parties that you can hold liable for the misfortune. One of the main reasons, for which most truck accident cases are extremely complicated, is that numerous parties can be held responsible for this accident type. Read on to gather knowledge on truck accident liability.

Parties that you can hold liable for truck accident death and injuries

Truck driver – Trucks drivers are often the first people to be held liable for these accidents. They have similar responsibilities as any other motorist and can be held accountable for an accident if they violate any of those responsibilities. Driving under the influence, and reckless driving, are two most common examples of violations that can cause accidents.
Trucking company – It has been found that most truck drivers drive recklessly in order to meet unrealistic goals set by the companies they work for, which may include overloaded trucks and overly hectic schedules. The lawyer representing you in court must carry out investigations for determining whether the truck company ignored safety and prioritized profit by making precarious demands from drivers.

The freight owner– The freight owner can be held liable on the same grounds as the trucking company.
Truck manufacturer– Truck manufacturers can be held liable for the accident if the vehicle has a design flaw or a faulty part.
Third party repair and maintenance firms– You can hold a third party repair and maintenance firm responsible for the accident if it was assigned the job of maintaining the truck.

Theories of truck accident liability

Employer liability – If the truck driver works for a trucking company, the company would be liable for all the actions of the driver when he or she would be working for them.
Negligence in employing – You can hold the trucking company responsible if you find that it employed the driver involved in the accident in spite of knowing that he or she is not competent enough. It is the duty of trucking companies to hire qualified drivers and offer them adequate training.
Lease liability – The federal law requires every trucking company that leases trucks to drivers to boast “exclusive possession, use, and control” of those leased vehicles. This ruling is used to hold companies responsible for mistakes and negligence of drivers handling the leased vehicles.
Insurers can be held liable for negligent employing – A large number of small trucking companies take assistance from insurance providers for evaluating driver qualifications. These trucking firms submit details of people applying for the position of driver to the insurance companies. Based on those details, the insurance providers decide whether they will insure the driver. It is true that state or federal law does not require the insurance companies to screen truck drivers, but still, you can hold them liable for failing to reject an incompetent or unqualified driver.

Liability due to negligent inspection, repair or maintenance– Federal law needs every motor vehicle carrier to check, repair and maintain all vehicles owned or managed by them. Failure in maintaining a vehicle might lead to liability.

Broker liability – Brokers are professionals who arrange the transportation. You can hold the broker liable for a truck accident if he or she fails to screen the driver properly.
Shipper liability – Accidents may occur due to improper cargo loading. In that case, the shipping company can be held responsible.
Driver’s fatigue – According to the federal truck accident liability law, trucking companies should not allow drivers to operate trucks if they are overly fatigued. Thus, often companies that fail to maintain accurate drivers’ logs are held responsible for accidents involving tired drivers.
Destruction of evidence – The trucking company can also be held liable if it fails to maintain accurate records or is found to destroy evidence.

The location of the accident plays a major role in determining who will be held responsible. It’s because the laws governing these cases vary from one state to another. Only an experienced truck accident attorney can guide you on this. Contacting a qualified attorney is also essential for proving the liability in court and winning the compensation you deserve. If you or a family member or friend has suffered personal injury, or a family member or friend has been killed as a result of a truck accident, we can help. Contact a Truck Accident Attorney.

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