Truck Accident Liability – Who Can Be Held Responsible?
Posted on behalf of Goldberg Finnegan, LLC on Jun 06, 2019 in Truck Accidents
Being involved in an accident with a tractor-trailer or other commercial truck can be a frightening experience. There is a great risk of serious injury from an accident involving such a large vehicle.
Truck accident cases are complex because determining liability can be challenging. There can be many different parties involved in a truck accident – any of which could be liable for your injury. This is why you should consider contacting an attorney who has experience handling these types of claims and is well-versed in state and federal trucking regulations.
Below, our truck accident lawyers in Silver Spring identify each party that may be held responsible for the accident. We can review your case and discuss your legal options during a risk-free consultation.
Possible Liable Parties in Trucking Accidents
The parties that could be held liable for your truck accident extend beyond the driver. The trucking company may be at fault, as well as other companies responsible for truck components or even cargo. A skilled truck accident attorney knows how to examine evidence in your case and determine which parties to pursue for damages. These parties may include:
In most accidents, the other driver is looked at for liability. Truck accidents can be the same, as a truck driver could be held responsible for a collision if his or her actions caused or contributed to your injuries.
A truck driver may be held liable for a truck accident if he or she was:
- Not acting in a reasonable and safe manner
- In violation of federal driving regulations
- Driving under the influence of drugs or alcohol
- Driving recklessly
Owner of the Truck
Trucks are not always owned by the trucking company or the driver. They may be leased from a third-party owner. An owner who provides a commercial truck for use to a driver can be liable for an accident.
A truck owner may be responsible for certain tasks such as inspection of the truck and its systems as well as maintenance for the vehicle. If these tasks have not been completed according to government regulations, the owner may be liable for an accident caused by failures in these areas.
In some cases, it is the trucking company that is held liable, depending on the cause of the accident. If a trucking company’s actions have contributed to the collision, it may be to blame. This often involves:
- Incomplete equipment inspections
- Improper safety procedures
- Unsafe demands on the driver
A lawyer will look into the practices of a trucking company to determine if its actions were inappropriate and contributed to the accident.
If a truck accident is caused by a defective vehicle or vehicle component, the manufacturer of the vehicle or its parts could be held liable for the accident. Defects may occur with original or aftermarket parts, which have the potential to cause accidents even when the vehicle has been correctly built and appropriately maintained.
Trucks must be loaded in a specific manner to ensure cargo is secured for safe travel. Improper cargo loading or overloading is a common cause of truck accidents. These issues can cause equipment and cargo to fall off or out of a truck or cause other malfunctions that lead to an accident on the roads.
Speak With an Attorney Who Can Help
Recovery after these types of accidents can be long and difficult, often resulting in costly medical bills as well as lost wages from missing work. If you were injured in a truck accident, our attorneys at Goldberg Finnegan can offer assistance. We have helped many truck accident victims and their families recover adequate compensation for their injuries through the preservation of evidence.
Request a free, no obligation consultation today and learn more about your legal rights. We will examine your case and determine which parties should be held responsible for the accident. We charge no upfront fees and you only pay us if we recover compensation for you.