In a truck accident, several entities could be held accountable. The tragedy may have been caused by the truck’s manufacturer building the vehicle with a flaw. The trucking company may not have done inspections correctly, leading to an accident. In addition, if the agency makes a mistake, the employer or business may be held accountable for the accident.
These are perhaps the parties who might have been involved in the crash in some way. The last individual is the truck driver, who may be fully responsible or jointly accountable with another party. So, how do these parties carry the blame for a truck accident? Find out below.
The truck driver
The driver of a big truck might be responsible for an accident in various ways. They might transgress the law, run into a truck-related problem, or lose focus. If a truck driver exhibits any risky actions listed below and causes an accident, they will likely be held accountable.
- Impaired driving
- Driving while texting
- Driving at a higher speed
- Distracted driving
- Ignoring stop signs and other traffic lights
- Falling asleep at the wheel
- Reckless or aggressive driving, which may involve cutting off other drivers, swerving, or engaging in other risky actions
Note that the acts of the trucker may have been influenced (or pressured) by the organization that employs them, which your truck accident attorney will need to investigate. Click here to find out how a truck driver may be held accountable for a truck accident.
Cargo loaders or shipping firms
If cargo is not loaded or secured correctly, it may shift while being transported and affect the vehicle’s equilibrium. Additionally, improperly loaded cargo can result in brake and gearbox failure, tire blowout, and loss of vehicle control. A shipping or loading business may be held accountable if your truck accident lawyer evaluates the facts and determines that it was careless. Failure to inspect, using poor loading methods, or overloading are all examples of negligence by cargo loaders or shipping companies.
The transport company
Often, the party at fault is the business that employs the trucker. It’s not always the case that judgments made by motor carriers favor drivers. A system encouraging reckless driving and emphasizing profits over safety traps many drivers. However, it can be hard to prove this if a specialist or a lawyer cannot provide specific facts. Some factors that may make the trucking company liable include:
- Poor inspection
- The business taking shortcuts when it comes to safety
- Unreasonable expectations that push the driver further than is reasonable
- A rush to achieve deadlines that result in an accident.
- Poor equipment and speed-enhancing maneuvers by the manufacturer and the transportation firm.
- Encouraging truck drivers to use stimulants to stay active for longer periods.
- Inadequately training drivers.
- Employing underqualified and inexperienced truck drivers.
- Allowing truck drivers to drive without proper licenses.
- Pushing drivers to drive for more than reasonable distances at any given shift.
If an attorney can discover these issues, they can establish negligence on the trucking company’s part.
The truck owner
Sometimes the vehicle’s owner isn’t the driver or the trucking firm. The truck owner could be a different party responsible for the crash if they were negligent. The owner may be responsible for checking the truck’s internal workings, the tires, the engine, and other components. The truck owner is responsible for maintaining all necessary components, including the tires, brakes, and internal engine fluids. Federal rules govern the examination and upkeep of these trucks. The owner may be held accountable for damages for failing to take the steps the federal government directs.
Passenger car operators
A small car operator may be held accountable for a truck accident, whether directly or indirectly. For instance, the at-fault motorist is a car driver who causes an accident by making an illegal turn and crashing into a truck. Even if an SUV driver didn’t participate in the crash, they could still be held responsible if they cut off a truck driver, which results in the latter losing control of the vehicle.
Truck or component manufacturer
Similarly, the manufacturer may be held accountable for any injuries or property damage if the vehicle had defective parts or experienced a severe breakdown that contributed to the auto accident. The failure of the truck or one of its component sections, such as tire blowouts, steering, or braking failures, can result in truck wrecks. This might be a maintenance issue, but the manufacturer and distributor could be liable in a product liability lawsuit if the faulty component or system resulted from a design flaw.
Contractors and government organizations
The municipal or state government in charge of that section of highway may be held responsible if a road hazard—such as a soft shoulder or cracked pavement—contributes to a truck accident, such as a rollover. If the maintenance work they performed resulted in an issue or a work zone setup led to a crash, a negligent maintenance contractor engaged by the government may also be held accountable.
A large number of vendors could deliver services to the trucking company depending on the size of a carrier’s operations. Any administrative task related to fleet operations, such as hiring drivers or performing background checks and drug and alcohol tests, as well as truck maintenance, repair, and dispatching tasks, may fall under this category. Some businesses use brokers to locate truckload shipments of cargo. Any negligent third-party seller who causes a truck accident may be held accountable.
As you can expect, figuring out who is responsible for a truck collision is difficult. Only the most skilled Florida Truck Accident Lawyers know where to seek and how to obtain the proof required to precisely determine fault. It frequently happens that many parties are judged to be at least somewhat to blame for a collision. And to make matters more complicated, many trucking companies try to avoid accountability by erasing or restricting access to evidence. Therefore it is best to engage professional truck accident lawyers in such a case.