WHO COULD BE HELD RESPONSIBLE FOR A TRUCK ACCIDENT?
Your attorney will specifically be looking at the actions of:
* The truck driver. Truck drivers are professionals and they know how to avoid collisions, but they are also human. They may push themselves to get a delivery in on time, and they may not get enough rest. Or they might become momentarily distracted. In rare cases, they may take drugs or alcohol while driving, though that is the first thing they will be tested for in the event of a crash. In any case, they may be liable for the truck accident.
* The truck owner. The owner can be found liable if the truck was not properly maintained and/or inspected. However, proving this will require experts to take a close look at the truck and the circumstances of the crash. The owner is responsible for having good tires on the vehicle, checking braking systems and following all federally mandated regulations regarding trucks inspections and maintenance. It is always tempting for owners to cut corners, but that can put other drivers at risk.
* The trucking company. In general, trucking companies are liable for the negligent acts of their employee drivers. Even if the driver truly is an independent contractor, the company still could be liable. For example, the trucking company may also place undue pressure on the driver that causes the driver to not get enough rest or break speed limits. Companies can also liable if they hired or continued to employ drivers who they knew were unsafe. Truck accident civil claims often place shared responsibility for the crash on the trucking company owner and the driver.
* Truck manufacturers. If it can be proven that the truck itself was poorly designed and/or manufactured and that the specific defect was responsible, in whole or in part, for the truck accident, then the manufacturer can be sued for negligence. It is a long and complicated process to find a truck defect and determine it contributed to the accident. But it is also an important part of a truck accident lawsuit process to help get dangerous vehicles off the road.
* The cargo loaders. In many cases, truckers do not load cargo into their trucks. If a load is not secured and it shifts while turning or stopping, it can send the truck out of control and cause a major accident. An unsecured load could fall of the truck and cause a crash.
* Third-party maintenance companies. If a third-party was responsible for inspecting and maintaining the vehicle, that company could bear some responsibility for the crash.
* Parts manufacturers. If the crash was caused by a defective truck part or system, the manufacturer could be responsible for injuries to others.