Truck accidents can be devastating. Simply due to their nature, they can cause severe injuries and property damage. When such accidents occur, determining liability becomes a critical aspect of the legal process to ensure that the injured parties receive the compensation they deserve.
Liability in truck accident claims can be a complex matter, as multiple parties may potentially be held responsible if their actions (or inaction) contributed to a wreck. These are some of the parties that may be named as defendants in a lawsuit, depending upon the circumstances in question.
A truck operator
The truck driver is the most obvious party to consider when you’re looking to assign fault for a wreck since human error has always been a major factor in motor vehicle accidents. Things like speeding, distracted driving, driving under the influence of drugs or alcohol or drowsy driving can all be considered negligence.
A trucking company
If the trucker isn’t an independent driver, the trucking company that hired them may be held liable through the theory of vicarious liability. That transfers the financial weight of the issue to the party that can better afford to cover a victim’s losses – the trucker’s employer.
A cargo loader
Improperly loaded or secured cargo can also lead to truck accidents. If cargo loaders or shippers fail to follow proper packing and loading procedures, loads can shift and cargo can fall onto the road – and trucks can end up jackknifing or rolling over.
Manufacturers and parts suppliers
Sometimes a truck accident starts because of mechanical failures, like steering problems or a blown tire. If those situations were caused by defective equipment or parts, not poor maintenance, the manufacturer or supplier of the defective part might be liable for the wreck.
Other drivers in passenger vehicles
Some truck accidents are chain-reaction events. If another vehicle cut the truck off when they merged lanes or somehow was involved in the wreck, it’s always important to consider the extent of their liability in your claim.
When you or your loved one have been seriously injured in a wreck with a commercial vehicle, you may need every dollar of compensation you can get to provide for your needs and protect your family’s future. Seeking legal guidance can help you to secure what is rightfully yours.
