Who Can Be Held Liable in a Commercial Truck Accident?

Commercial truck accidents can cause severe injuries and expensive medical bills, not to mention anxiety and stress. Unlike a typical car accident, liability in a truck accident can sometimes be shared beyond the people involved in the crash. When your goal is to maximize your compensation, figuring out who to hold responsible is one of your most important tasks. 

Here’s what you need to know about who can be held liable for a truck accident.

1.The truck driver might be responsible

Whether the accident was caused by a driving mistake or not, the truck driver could be responsible. Commercial truck drivers are required to keep their vehicles in good, safe condition and comply with all traffic laws and federal trucking regulations. When a driver is careless, they can be held personally liable for injuries caused by a crash. 

Some of the reasons drivers are held responsible include: 

• Distracted driving. Truck drivers who were texting, adjusting their GPS, or distracted in any other way can be held liable for an accident. Distractions prevent drivers from reacting to changing traffic conditions, and that’s extremely dangerous when operating a commercial truck.
  
• Fatigued driving. Even though the federal hours of service regulations limit how long drivers can be on the road and how long their breaks need to be, many drivers violate this law. Fatigued drivers have slower reaction times and impaired judgment no different from a driver who has consumed alcohol.
• Speeding/reckless driving. Large trucks need more time and distance to stop safely compared to passenger vehicles. When a truck makes unsafe lane changes, follows other cars too closely, or speeds, there’s a greater chance of a crash.
  
• Driving under the influence. Commercial truck drivers are held to higher standards for alcohol impairment. In many states, the BAC limit is 0.08%. For commercial drivers, the BAC limit is 0.04% and they can’t consume alcohol within four hours of going on duty.

If the evidence shows a truck driver’s actions caused the accident, they can be held responsible for the damages.

2. The trucking company might be liable

Many trucking accidents are caused by negligent trucking companies. Sometimes companies fail to verify a driver’s qualifications, driving history, and license before allowing them on the road. Other times companies don’t train their drivers to operate their vehicle safely. There’s also a problem with unsafe scheduling. Many companies pressure their drivers to meet unrealistic delivery deadlines, which causes them to violate hours of service regulations. 

3. The truck maintenance company might be responsible

Commercial trucks require regular inspections and routine maintenance to be safe. The Federal Motor Carrier Safety Administration (FMCSA) requires commercial trucks to undergo regular inspections and repairs. If a truck experiences a mechanical failure that causes an accident, it can place responsibility onto whoever was supposed to service the truck. Common issues that stem from lack of maintenance often include:

•     Brake failures. Worn brakes can increase an already large stopping distance and even fail to stop the truck.
  
•     Tire issues. Blowouts from neglected maintenance can cause a truck driver to lose control.
  
•     Steering defects. Proper alignment and steering is essential. Unaddressed issues can make a truck hard to control in an emergency.
  
•     Missed inspections. Inspections are designed to catch issues before they become emergencies.

A trucking company’s maintenance records will reveal whether safety issues were ignored before the accident and what was truly preventable or not.

4. The cargo loading company might be responsible

Improperly loaded cargo can cause even the best drivers to lose control if it shifts during transit and changes the vehicle’s center of gravity. Unsecured cargo can make trucks hard to steer safely and cause rollovers that result in multi-car crashes. Overloaded trailers increase stopping distances and put more stress on the truck. If a truck is carrying hazardous materials, what starts as a mere traffic accident can turn into something far worse. 

If a third-party company was involved in loading the cargo, they might share liability if the accident was caused by improperly loaded cargo.

5. The manufacturer of parts could be liable

Sometimes truck accidents are caused by critical components that fail despite the driver being competent and driving responsibly. This might include a truck equipped with defective brakes or faulty tires. These situations are handled under product liability lawsuits.

6. Government entities

Although it’s less common, sometimes government agencies are held responsible when dangerous road conditions played a role in the accident. Governments are required to maintain roads, traffic signs, and control traffic around construction zones. Failing to do so can result in accident liability.

There could be more than one responsible party

Commercial truck accidents sometimes involve multiple negligent parties. If you’ve been injured in a truck accident, a lawyer will help you identify all liable parties to maximize your compensation.

The post Who Can Be Held Liable in a Commercial Truck Accident? appeared first on citybuzz.