4 Things You Should Know About Truck Accident Liability
Determining who is liable in a car wreck involving a commercial truck is one of the most serious concerns when there is harm to your physical well-being or property. Ensuring the correct party is held responsible for paying the damages is vital to give yourself the best odds at obtaining the compensation you need.
Commercial truck accidents have a wide variety of parties that could be involved, and there is always at least one corporation or organization involved depending on the type of trucker hired to drive the vehicle.
For these large trucks, the driver can be hired through agencies that transfer and ship equipment and other items, but he or she can also be an independent contractor without any connection to a company. In situations like that, truck drivers would be entirely responsible for collisions.
In order to make a legal claim to obtain compensation, the first step is to know if there is a connection to a company. Our skilled attorneys at Witherington Injury Law can investigate the situation to help determine who is at fault. It’s essential to understand these five situations in case you ever find yourself involved in one.
The Driver of the Truck
The truck driver could be liable for a multitude of reasons. He or she could break traffic laws, be distracted while driving, or have personal issues operating the vehicle. Additionally, truck drivers frequently drive through the night, so drowsy driving or health conditions can be another cause that would make them liable. A truck driver would also be liable if they were driving under the influence of drugs or alcohol. Commonly, the truck driver is responsible for injuries with no liability placed on any other person or agency.
The Truck Owner
In circumstances where a trucking company does not own the commercial vehicle they are using to ship their materials but instead rents one from someone else, the truck owner could hold liability. This might happen if they fail to provide adequate upkeep on the truck per federal and state regulations.
The Trucking Company
The company or agency is another possible liable party in truck accident cases. However, it is unfortunately much more difficult to prove this. Company liability takes place if they have failed to complete the necessary vehicle inspections. The company cuts corners in the industry regarding the safety or pushing their drivers past their realistic limits. If you believe the company is liable, hiring one of our experienced lawyers may be needed to expose these shortcomings.
Sometimes the employees in charge of placing the materials into the truck can be liable for a crash that involves cargo malfunctions. This would take place if they did not entirely inspect the cargo or secure it properly. This is evident if boxes or equipment fall out of the truck and cause personal injury or property damage.
When to Call Our Team
If you suffer from severe injuries after falling victim to a truck accident, our team of attorneys is here to help. Providing evidence to determine liability in these instances can be very tricky. Still, our incredible attorneys fight day and night so that you have the best chance at getting the compensation you deserve. Through an investigation, our attorneys will help gather proof to hold the at-fault party responsible.
Do not wait until it is too late. Call our office today at to schedule a free consultation and get the help you need. Our team is ready to fight for you.