Is the driver always liable when a truck accident happens?

On Behalf of Holmes & Wiseley, P.C.

Truck drivers are liable under certain circumstances, such as driving distracted or drunk. They are also accountable when they drive recklessly or negligently. However, the trucking industry involves several transactions and different personalities. The driver is not always liable when a truck accident happens.

If you were in a truck accident, you must know who you can sue before you pursue a lawsuit. Here are the other people that you can hold liable.

Truck company

Truck drivers carrying property drive an average of eleven hours a day. They drive long distances on monotonous roads. It is no wonder fatigue is a contributing factor to most heavy truck accidents. A truck driver’s fatigue is the consequence of their work hours. You could blame the truck driver for driving recklessly, but you can also blame the trucking company for not enforcing workplace health and safety standards. The truck company would be directly responsible under the following circumstances:

• They did not conduct an adequate screening or evaluation process
• They did not provide proper training to the driver
• They hired a driver with a history of substance abuse
• They failed to maintain the truck in operable condition
• They forced the driver to meet strict and demanding deadlines
• They were aware that the driver was not mentally or physically fit to perform the type of work but allowed the driver to operate the truck anyway

A truck company might even be liable when the driver directly causes the accident, but it occurred within the scope of their employment.

Parts manufacturer

A truck is enormous and has a lot of varying parts. The parts manufacturer might be liable if a tire blowout, faulty brakes or other defective truck components caused the truck accident.

Loading company

Commercial trucks transport heavy cargo and the people loading it to the vehicle must ensure it is secured. Otherwise, the load could shift while the truck is in motion and cause a rollover. When they do not correctly load the products, it can also cause a cargo spill.

Truck accidents cause catastrophic damages. You should know who to hold liable for the damages you suffered. If an investigation reveals that more than one party is responsible, they might start pointing fingers and proving liability would be much harder.

Posted in Truck Accidents | No Comments »