Victims and their legal representatives have made progress in holding trucking companies more accountable for the safety of their drivers and other motorists. However, truck accident liability is still the overwhelming industry norm. Determining liability is very hard in truck accidents since it always involves multiple parties. From a trucking company to a third-party, anyone can be liable for the accident. It is important to get help to prove the liability in a truck accident claim case. A truck accident lawyer is a person who can help you with proving liability.
The 5 Most Commonly Held Liable Parties in a Truck Accident
- Truck Driver
The trucker is the most ordinary person blamed in a truck accident case. Most truck accidents happen due to driver error. Driving under the influence and violating traffic regulations are the primary reasons for truck accidents.
- Owner
A truck owner or trucking company can be sued for negligence in a truck accident case. Trucking companies must maintain safety and health records and submit them to the DOT. Lack of maintenance can result in potentially fatal accidents. Several states have enacted specific laws addressing commercial driver liability, and they mandate that driver certification be taken seriously.
- Maintenance company
A malfunction or breakdown of the truck can cause an accident involving a commercial vehicle. Maintenance companies are required to maintain their vehicles in safe operating conditions. Failing to do so will result in a truck accident. Defective truck parts are also a major reason for truck accidents. In such cases, the maintenance company can be held liable for the damages. In addition to maintaining the truck, the maintenance company should have also warned the driver of future problems that may arise.
- Motor Vehicle Manufacturer
Truckers are not the only ones liable for truck accidents. If a person is hurt in an accident, they might seek monetary damages from the truck manufacturer. It is especially true in cases where drivers have suffered severe injuries such as paralysis or brain damage due to a vehicle malfunction. Trucking companies are required to keep accurate records regarding the condition of their vehicles, and they may be held liable if they do not.
5. Shipper
Shippers are also responsible for the safety of their drivers, as well as the safety of others on or near the roadway. They may be held liable if they do not maintain a safe shipping environment or follow regulatory laws. Truckers are not required to be certified, and they are vulnerable to liability in situations where the accident was caused due to improper loading. If the truck accident was contributed by poor loading, stunting, rigging, and weight distribution, the shipper might be sued for poor trucking practices.
If a truck driver is sued for injuries from a truck accident, you must be prepared to prove the liability of other road users and the trucking company. It can be challenging to do, especially when the truck driver disputes the extent of their duty to avoid other vehicles at all costs.
