Truck accidents can be devastating and may involve serious injuries, property damages, and even the loss of life. While everyone blames the truck driver for such accidents, reality is far different.
In many cases, parties other than the driver might be liable in whole or jointly for a truck accident.
In the event of a truck accident, knowing who can be held liable is important to securing fair compensation. After being involved in an accident with a truck, ensure that you find an experienced truck accident lawyer to guide you through the complexities of your case.
Trucking Company
One of the major parties that can be held liable in a truck accident is the trucking company. They are responsible for ensuring that everything is done in the safest possible way and within the limits of the law. They may be liable for the following:
- Negligent hiring: A company may be liable for putting an unqualified driver on the road by hiring a driver who has a history of having accidents or other violations.
- Poor training: The insufficient training of drivers on safety procedures and regulations can only lead to accidents.
- Unrealistic schedules: Putting pressure on drivers to meet unrealistic schedules may tempt them to speed or drive when they are really too tired.
- Poor maintenance: The vehicle’s mechanical failure can be due to poor maintenance, and this failure causes the accident.
Truck Manufacturer
The fault sometimes lies not with the driver or the trucking company but with the vehicle itself. The truck manufacturer can be held liable for:
- Design defects: If the truck has some inherent flaws in its design that make the truck unsafe, thus making the manufacturer liable.
- Manufacturing defects: Defects in parts may result due to flaws during the process of manufacture, and this may eventually result in accidents.
- Inadequate warnings: If there is a lack of proper warnings regarding safety issues, that can also make the manufacturer liable.
Cargo Loaders
Improperly loaded cargo can cause serious accidents. The company or individuals responsible for loading the truck may be held liable if:
- The cargo is overloaded, and the weight limit has been exceeded.
- The load is not properly secured, and the cargo is shifting or falling.
- The area lacks proper containment and labeling of hazardous materials.
Maintenance Companies
Most trucking companies hire third-party companies to perform maintenance on their vehicles. The providers of such maintenance services can be liable if:
- Their negligence leads to failures in inspections and maintenance.
- They repair them with low-quality parts.
- They simply overlook or ignore potential risks.
Government Entities
The poor road condition sometimes leads to a trucking accident. For instance, a government agency responsible for ensuring that a roadway is in good condition may be liable for:
- Poor road design or poor road construction.
- Inadequate signing or traffic control devices.
- Known hazards include potholes and damaged guardrails that are not repaired.
Other Drivers
Other drivers on the road may be partially responsible for a truck accident. Some scenarios are as follows:
- When one cuts off a truck and puts it in a situation where it has no choice but to swerve or suddenly brake.
- The truck has to take avoidance action in view that the driver is driving recklessly or under influence.
- It occurs when multiple vehicles are involved in a chain-reaction accident.
Conclusion
Most truck accidents are very complex, with multiple causes. In many cases, some of the blame is laid on the driver, but other liable parties have to be considered for the issue of full accountability and obtaining fair compensation.
From the trucking company to the manufacturers, cargo loaders, and even government entities, the liability in regard to a truck accident can spread.
If you have been in a truck accident, contact an experienced lawyer, who will investigate the accident properly to identify the entities that must be held responsible.
You will then have the greatest opportunity for the recovery you deserve. Similar accidents will be prevented from happening again by casting a wide net and considering all possible liability parties.
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