Who May be Liable in a Truck Accident

Truck accidents can result in serious life-altering injuries, and determining who is at fault can be a complicated matter. In most truck accidents, a thorough investigation is required to determine what happened and why. A review of the evidence may lead to the conclusion that a number of different entities are liable for the accident and should be held accountable. These parties may include:

 

Driver

The negligent behavior of a truck driver may likely be the cause of an accident. Driving under the influence, driving while fatigued, driving while distracted, and failing to obey traffic laws are all actions that can lead a driver to be responsible for an accident. In addition, a driver is responsible for ensuring that their vehicle is properly maintained and in working order. They can also be responsible for the loading of cargo. If an accident is caused by improper maintenance or misloaded cargo, the driver may also be responsible.

 

Trucking Company

A trucking company has a responsibility for the trucks and drivers it puts on the road. This includes accountability for hiring and training drivers. If a company hires a driver with infractions on their driving record, they may be responsible for the driver’s actions. A trucking company must also ensure that all drivers adhere to the FMSCA regulations regarding allowable driving hours and should not encourage drivers to cut corners. Maintenance and repairs to the truck may also be the responsibility of the trucking company.

 

Cargo Shipper and Loader

Sometimes a trucking company contracts to ship cargo for other companies. These companies may be responsible for properly loading cargo onto the truck. If an accident is caused by a cargo shift or other problems with the cargo, then a shipping and loading company may be held responsible.

 

Truck Manufacturers

Some accidents are caused by a defect in the truck or a component part. This can include things such as brake failures, tire blowouts, and failures of the steering mechanism. It could be a maintenance issue, but if the failed part or system was defective from the start, the manufacturer might be liable.

 

Contact a Trusted Truck Accident Attorney

If you’ve been injured in a truck accident, you should consult with an experienced truck accident attorney. At Bonina & Bonina, P.C., we have been helping the victims of truck accidents for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.