Liability in trucking accidents is one of the primary concerns when facing injuries and property damage from a large or commercial truck that collides with your car and leads to physical injury. Holding the correct party responsible for the damage is of the utmost importance to recover from the collision.
Trucking accidents involve many individuals and at least one company or agency depending on what type of trucker drives the vehicle. For commercial trucks, the driver may hire on through a company that transfers and ships equipment or items, or they may drive as an independent contractor without a connection to an agency. In these situations, the trucker may remain solely liable for the incident. Knowing which connection exists is vital for the victim in seeking compensation with a lawyer to help through a legal claim. The lawyer can investigate the matter to determine who specifically is at fault.
Who May Be Responsible
There are several people or entities that are potentially liable in a truck accident.
The Truck Driver
The driver of a large truck may hold liability in an accident for many reasons. As the driver, they may have broken the law, have an operational issue within the truck or become distracted. If he or she consumes drugs or alcohol, he or she may remain accountable for damages caused solely. Other factors may increase the chances of an accident to include long hours in a single trip, driving at night, drowsy driving and health conditions.
The Trucking Company
The company that hires a trucker is often the responsible party. Proving this is difficult unless an expert or the lawyer is able to expose certain matters. These issues may include an inspection that is incomplete, the company cutting corners around safety, unrealistic expectations that push the driver further than he or she should and attempt to meet deadlines that cause the incident. Many investigations demonstrate that the trucking company and a manufacturer share liability in an incident due to faulty equipment and cutting corners to increase speed. An expert witness and the lawyer may uncover these elements during an investigation into the company after an accident.
The Owner of the Truck
If the trucking company does not own the truck but uses it and provides the vehicle for a trucker, the owner may hold liability in a trucking incident. The owner may have a responsibility in inspecting the machine, checking the engine, upkeep with tires and the internal workings of the truck. The individual that owns the truck must maintain the necessary parts to include brakes, fluids inside the vehicle and even the tires and electronic system. Federal regulations govern the inspection and maintenance of these trucks. Without following these steps as the federal government specifies, the owner may become liable for damages.
The Cargo Loaders or Manufacturer
Some accidents involve the cargo on the truck. If the loader did not fully inspect the cargo and secure it properly, the loader may become liable when the boxes or equipment falls off and damages another vehicle or causes injury. Additionally, the manufacturer of parts of the truck may hold liability if there is a defect that causes an accident. The parts batch could malfunction and lead to a tire blowout, mechanical failure or faulty brakes. In these situations, the manufacturer of the parts retains liability and is often responsible for paying damages to the victim.
Truck Accident Lawyer Determining Liability
If the victim of a trucking incident is unable to provide evidence about who is liable for the accident, the lawyer hired for the claim may assist and support him or her. Through an investigation and gathering proof, we may discover the true responsible and at-fault party to hold accountable for the damages that they have caused.
Have You Been Injured In A Henderson Or Las Vegas Area Truck Accident?
If you've been injured in a truck accident you need to speak with an experienced accident injury attorney as soon as possible. Please contact us online or call our Henderson office directly at 702.405.6000 to schedule a free consultation with our truck accident attorneys.