August 23, 2024

Understanding Liability in Trucking Accidents: Who Can Be Held Responsible?

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Semi truck turned over on the road
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Trucking accidents are among the most severe and complex types of motor vehicle collisions, often leading to significant injuries, extensive property damage, and even fatalities. The sheer size and weight of commercial trucks contribute to the devastating aftermath of these accidents. Determining liability is a crucial step for victims seeking compensation, but the process can be intricate due to the involvement of multiple parties. At Low Law Firm, we’re dedicated to helping you understand who can be held responsible in a trucking accident and guiding you through the legal process.

The Truck Driver

The truck driver is often the most immediate and apparent party that may be held liable in a trucking accident. If the driver was negligent or violated traffic laws, they could be responsible for the collision. Common examples of driver negligence include speeding, distracted driving, driving under the influence, and fatigue. According to the Federal Motor Carrier Safety Administration (FMCSA), driver error is the critical reason for 87% of large truck crashes (https://www.fmcsa.dot.gov/research-and-analysis/research/large-truck-crash-causation-study-analysis-brief). Truck drivers are required to adhere to strict regulations regarding hours of service, and violations of these regulations can contribute to liability.

The Trucking Company

In many instances, the trucking company that employs the driver can also be held liable for a trucking accident. Employers are generally responsible for the actions of their employees when those actions occur within the scope of employment. Moreover, the trucking company may be held accountable if they were negligent in hiring, training, or supervising the driver, or if they pressured the driver to violate safety regulations.

The Truck Manufacturer or Maintenance Provider

Sometimes, a trucking accident is caused by a mechanical failure or defect in the truck itself. In these cases, the manufacturer of the truck or its parts could be held liable. Additionally, if the truck was improperly maintained or repaired, the company responsible for maintenance could also be held accountable. The FMCSA notes that brake issues are a factor in about 29% of large truck crashes (https://www.fmcsa.dot.gov/safety/vehicle-maintenance).

The Cargo Loaders

Improperly loaded or secured cargo can cause a truck to become unstable, leading to accidents such as rollovers or jackknifing. If an accident is caused by improperly loaded cargo, the company or individuals responsible for loading the truck may be held liable. The FMCSA also emphasizes the importance of proper cargo securement to prevent accidents (https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules).

Other Potentially Liable Parties

In some trucking accidents, other parties may also be held responsible. For example, poor road conditions, such as unmarked construction zones or improperly maintained roads, can contribute to an accident. In these cases, government entities responsible for road maintenance could be liable. Additionally, if another driver’s actions caused the truck to crash, that driver could also be held responsible.

Navigating the Legal Complexities

Determining liability in trucking accidents requires a thorough investigation and an understanding of the legal responsibilities of each party involved. At Low Law Firm, we have the experience and knowledge to help you navigate these complexities and pursue the compensation you deserve. If you or a loved one has been involved in a trucking accident, contact us today for a consultation, and let us guide you through the legal process.