Determining Truck Accident Liability

A seasoned truck accident attorney understands that truck accident injury claims are often considered some of the most complex types of injury claims to negotiate and settle. The reason for this is because there is often more than one party who may be held liable for the truck accident.

Who is at Fault?

When you meet with an attorney, like a personal injury lawyer relies on, he or she will go over all the details of your accident with you, and determine which party or parties are responsible. The at-fault party could be one person or entity or multiple parties.

In the majority of truck accident cases we represent, the at-fault parties include:

  • Truck driver. In many truck crashes, the actions of the truck driver behind the wheel lead to the accident. The driver may have been speeding, engaged in distracted driving behaviors, or suffering from driver fatigue. The driver also may have been guilty of violating federal trucking regulations, such as not taking the required breaks.
  • Trucking company. In determining who is at fault, your attorney will also examine trucking company factors which may have contributed to the truck accident. Some of these factors include:
    • Was the truck driver the company employed well-trained and experienced?
    • Did the company do a thorough background check on the driver’s history, or did the driver have a history of being cited for dangerous driving issues?
    • Did the company regularly inspect the vehicle, and was it well maintained?
  • Freight or cargo company. Your attorney may also look at the role a freight company may have played in the crash, such as whether or not the load was secured properly and whether the truck over the legal limit.
  • Truck manufacturer. If the truck accident was due to a defective truck part, your attorney may file a claim against the manufacturer of that part.

An example scenario of when an attorney determines there are multiple at-fault parties could go as follows: Say a truck driver was in a hurry to meet his delivery schedule and was going over the speed limit. He drove up to a traffic slowdown, but was unable to stop in time because of the extra speed, and crashed into a vehicle. During the injury claim investigation, the victim’s attorney discovered that there was also a defect with the brake pads that should have been discovered during vehicle inspections, but the trucking company records reveal the vehicle was not inspected as often as it should have been. Thus, the defect was not discovered.

In this scenario, the attorney could name the truck driver, the trucking company, and the truck brake pad manufacturer all as contributors to the crash which caused the victim’s injuries.

Contact a Truck Accident Attorney

Don’t hesitate to seek legal representation if you’ve been adversely affected by a truck accident. Contact a truck accident lawyer today.