Truck accidents often result in devastating consequences for everyone involved.
One crucial factor distinguishing truck accidents from other traffic accidents is that there may be more than one party responsible when the truck is at fault.
Truck driver vs. trucking company
Under certain circumstances, the truck driver is at-fault:
- Driving aggressively or recklessly, such as under the influence of drugs or alcohol
- Driving while fatigued or exceeding the federal hours of service regulations
- Driving the truck for personal use
The trucking company could be liable if:
- Skipped inspections or neglected maintenance result in malfunctions, such as tire blowouts
- Lack of proper training for drivers
- Failing to adequately vet new employees for past violations
Sometimes both the driver and the company are liable for the accident, which may result in a personal injury lawsuit with multiple defendants.
Other potential at-fault parties
Truck drivers and their employers are not the only potentially liable parties. For example, if the cargo loader, which could be a person or another company, overloads the truck, the excess weight could cause a tire blowout or tip the truck over.
If the trucking company hires a third-party mechanic or maintenance crew to handle truck inspections and repairs, they are liable for any breach of duty resulting in an accident. Additionally, if the cause of the accident includes a malfunctioning part on the truck, you may file a product liability case against the part manufacturer for a defective product.
Just like any traffic accident, the injured person in a truck accident deserves a chance to recover compensation for any losses incurred from the accident.