Determining Liability in a Truck Accident

Determining Liability in a Truck Accident

Do you need a commercial truck accident lawyer? Well, truck accidents happen from time to time. Various issues cause these accidents, from driver distraction and fatigue to speed, overtaking, and poor vehicular maintenance. However, establishing liability in such an accident is essential. It will help the victim get justice. In such instances, you might want to consider the following insights into which parties can be held responsible for a truck accident.

Truck Driver

If proven negligent or reckless, a truck driver is responsible for a truck accident. Usually, the driver is the first suspect, meaning that they come under immediate scrutiny. The idea is to establish whether they have broken any traffic rules or regulations. Here is a breakdown of instances when a driver is considered liable for a truck accident.

Driving under the influence is one of the biggest causes of truck accidents. The law requires drivers to use alcohol or be under the influence of drugs when operating vehicles. Various methods are used to determine the alcohol concentration in the blood, including a chemical alcohol test.

A driver is also considered liable for an accident if distracted during the trip. Distraction could be in various forms, including using phones, eating, smoking, or drinking. Distractions are the most significant cause of crashes.

Reckless driving is yet another point why the driver is liable for a truck accident. In this case, professionals might look at the speed at which the driver was operating the vehicle. Excess speed, running stop signs, and improper lane changes show that the driver is reckless. In addition, the driver must prove that they were not tailgating other vehicles. All these establish liability.

At the same time, it could be the fault of another driver or road user. In this case, the given driver must have met at least one of the conditions mentioned above.

Truck Manufacturer

You could also hold the truck manufacturer liable for the accident. In this case, you’ll need to prove that the manufacturer did not provide a safe and reliable vehicle, meaning that it must have failed the industrial standard test. For instance, mechanical failure of specific parts of the car could point to the manufacturer’s negligence.

You’ll need a professional to help establish that the truck or one of its components was defective or unreliable. Garnering this evidence will require a comprehensive vehicular inspection. An automotive engineer will show that the accident was borne out of substandard vehicular quality or design.

The Employer or Trucking Company

Blame could also be put on the employer or the trucking company. This would suffice if the driver was working within the scope of their responsibilities. Through the law of agency, an employer is responsible for the damage caused by their employee.

Various elements prove the need to sue the trucking company. For instance, improper hiring processes and overworking employees show the employer’s negligence. Other reasons for holding the trucking company include failure to test drugs, not disqualifying offense-prone drivers, and failing to maintain the truck.

However, suppose the driver is classified as an independent contractor. In this case, the employer cannot be responsible for the damage sustained in the truck accident.

Cargo Companies

Suppose a truck accident is caused by improper cargo loading. In this case, the blame could lie on the cargo company. It is the responsibility of the cargo company to ensure that the luggage is appropriately balanced and secured. Unevenly distributed cargo causes significant weight imbalance, making a truck more susceptible to accidents in the long run.

To sum it all, various parties can be held responsible for a truck accident. All you need is to gather enough evidence against a particular party and sue.

Ferne Dekker

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