Over the past twenty years, the number of trucking accidents has increased by over 20%. For those who are victims accidents involving large commercial trucks, the question liability is often much more complex than in an accident involving passenger vehicles only. Many more “players” exist in a trucking accident, and getting the necessary information can be very difficult. In fact, it is imperative that you have qualified legal assistance when attempting to determine the various relationships between the truck, the trailer, the load, the trucking company, the truck driver, the company who does maintenance on the truck, etc. A personal injury attorney who has had extensive experience in trucking accidents will be able to establish what type of claim works best in your specific circumstances and how your case will be best presented.
Was the Truck Driver Responsible?
In some cases when a trucking accident occurs, the person sitting behind the wheel of the large commercial truck was squarely to blame. The driver may have been distracted, exhausted from driving too many hours, inexperienced, or under the influence of drugs or alcohol. There is a huge responsibility in driving a loaded truck which can weigh as much as 80,000 as well as required skills and training. A truck driver who is involved in an accident with a passenger vehicle will most often walk away from the accident relatively unscathed while the driver and passengers in the passenger vehicle will suffer death or grave injury.
Since a truck driver’s livelihood depends on getting the load delivered in the timeliest manner, it is common for truck driver’s to get behind the wheel when they desperately need rest. The trucking company is unlikely to prohibit this type of behavior since the faster loads are delivered the more money they make. Although federal mandates have gotten a bit stricter regarding the number of hours a truck driver can driver before he stops to rest, many drivers ignore these regulations. If the driver was at fault in your accident, then he should be held liable.
Was the Trucking Company Liable?
While some truck drivers are independent contractors, the vast majority work for trucking companies. In some cases the company can be held liable for accident leading to injuries and death. These companies bear responsibility for their employees, therefore if those employees are exhibiting negligent behaviors they could be held liable. Perhaps the trucking company failed to train their drivers sufficiently before they sent them out on the road or maybe the company failed to adequately maintain the truck involved in the accident. Brakes and tires particularly must undergo rigorous and regular maintenance in order to be considered road-safe. In some cases the trucking company may not have actually been negligent to still be held accountable for their employee.
Was There Product Liability Involved?
In some cases neither the truck driver nor the company he works for is responsible for the accident rather there was a defect in the truck itself due to the manufacturer. There are so many parts which go into a truck, and if any one of these parts has a flaw, then the safety of all those on the road is at risk. Brakes and the cargo strips which secure loads are two of the primary truck parts which can be defective, leading to serious or fatal accidents. Tires can also blow, which is why truck drivers must check all the truck’s tires each and every time they stop. The manufacturer of a part may be held liable if it can be proven the part was defective and led to the accident.
Is an Outside Company Liable?
In some instances trucking companies employ third-parties to load their trucks, secure the cargo or perform routine maintenance. If an accident occurs because one of these companies or entities was negligent in their duties, then a highly qualified personal injury attorney will be able to ensure you receive the compensation you deserve and need. Don’t wait, hoping everything will work out well, call an attorney as soon as you can.