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Determining Liability In Truck Accidents

Determining Liability In Truck Accidents - Trucking Business Concept

Truck Accident Lawyer

Accidents involving large commercial trucks are complex compared to accidents between passenger vehicles for a variety of reasons. Large commercial trucking operations depend on groups of people that are involved at multiple levels, and at each level there is room for human error that can ultimately contribute to an accident happening. For this reason, liability may be distributed across multiple agents involved in the trucking operation. It is the job of a truck accident lawyer to examine the operation at every level to determine who is ultimately liable.

Parties involved in a commercial trucking operations that may be liable for contributing to conditions that caused an accident are as follows:

  • Truck drivers: The most common cause of truck accidents is error on behalf of the driver, as their job within the operation inherently poses the most risk to others on roadways. In a truck accident, the driver could be held responsible if they acted negligently while operating the commercial truck. Although, in many truck accident cases involving simple negligence, their employing truck company is usually responsible for actions of the driver.
  • Commercial trucking companies: The company that the truck driver works for may be held liable for their negligent behaviors or actions. This includes practices on behalf of the trucking company that encourage their drivers to violate laws regarding the number of hours they are actively driving. Additionally, commercial truck companies are typically required to ensure drivers are capable of safe operation by conducting background checks and drug screenings.
  • The owner of the truck: Companies in commercial trucking commonly lease the trucks that their drivers operate. The leasing company may be responsible for maintaining and conducting regular safety checks. Failing to do so appropriately can result in equipment failures and subsequently accidents. If this is the case, the leasing company may be liable for the accident that is in question.
  • Cargo loading personnel: Commercial trucks are designed to safely transport massive loads, although when cargo is not safely secured it may shift or fall off from the trailer, leading to an accident. If cargo loading personnel fail to follow regulations, they may be liable for any accidents that happen as a result of falling or shifting loads.
  • Manufacturers: Commercial truck manufacturers must engineer equipment and parts to strict safety regulations. When defective parts make their way into active use, there can be catastrophic failures that contribute to an accident occurrence. If a defective truck tire blows out while in transit, an accident can happen, in which case the tire manufacturer may be responsible.
  • Roadway engineers and contractors: In some cases when roadways are not properly maintained or designed in a way that is unsafe, accidents can result. If this is the case, there is a chance that they may be liable for an accident that happens.

Trucking operations are intricate, and safety practices can be breached at any level by any of these parties. A truck accident lawyer should be able to examine safety practices at every level and determine who is ultimately responsible for causing the accident. 

Thanks to Brandy Austin Law Firm, PLLC for their expertise in truck accident liability.

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