Determining liability in a trucking collision is very important when there are injuries and property damage. A large commercial truck is much bigger than a standard automobile and typically destroys the car. These accidents also often lead to physical injury.
So who is responsible? It is important to find the correct party to regain all the needed compensation.
Trucking accidents concern several different individuals and usually at least one company which depends on the type of trucker who was driving the vehicle in question.
With commercial trucks, the driver is often hired through a company that works to transfer and ship various items, but the driver may also be driving as an independent contractor. This means they don’t work for a company or an agency directly. In these cases, the trucker is solely liable for the accident.
It is knowing these facts that are extremely important for the victim in the crash to seek compensation. You need to retain the services of a lawyer to work through this legal claim. The lawyer can look into the situation to determine the party who is at fault.
However, there are several parties that may be liable in a truck accident. The manufacturer of the truck may have produced a vehicle with a defect. A physical problem with this truck could lead to an accident.
There are also ropes or pulleys which keep the items stable on the truck, created by a manufacturer. The agency who has hired the trucker may not have performed inspections of these items accurately. Additionally, perhaps the agency has cut corners. If that is so, the company may be held liable in the incident. There are also third parties who could have responsibility for the accident. Of course, the trucker themselves may be fully responsible.
The truck driver for a commercial truck may be liable in a crash for a variety of reasons. Perhaps he or she has broken the law, has not been driving the truck correctly, or is distracted while driving. When drugs or alcohol are involved, he or she may be accountable for the damages caused by this accident.
Other factors that increase the probability of an accident are when the driver has logged in long hours in a trip, driving at nighttime, driving while tired, and pre-existing health problems.
However, the company who hires a truck driver is often responsible for these incidents. Proving this may be difficult – which is where a lawyer comes in. An inspection may have been incomplete, the company has not followed safety guidelines, or unrealistic deadlines can all cause an accident. This means that the trucking company shares liability. An expert witness and a lawyer can help prove these conditions.
If the trucking company provides the commercial vehicle for a driver, the owner may be liable in a trucking accident. The owner has a responsibility to inspect the truck, viewing the viability of the engine, and keeping tires and the internal parts of the truck in good repair. Therefore, the individual who owns the truck must maintain it. There are federal regulations which govern maintenance of these vehicles. Without following these regulations, the owner may be liable.
Some accidents happen because of the cargo loaded on the truck. The loader may not have fully secured the cargo properly, which means the loader may be liable. Boxes or equipment can fall off and hit another vehicle and cause injuries or lead to a tire blowing out. As well, mechanical problems or faulty braking systems can cause accidents. In these cases, the manufacturer of the parts in question is liable and is often responsible for damages.
A truck accident lawyer can help determine liability by assisting the victim in a specific case. With an investigation, the lawyer can determine the at-fault party to hold accountable for damages.
Have you been involved in an accident? Contacting ELG Law will help you in the case of your car accident claim as soon as possible. Each accident is unique and damages vary from case-to-case. It is important to retain the services of an experienced personal injury attorney who can help you within the boundaries of your accident. ELG Law can help. Contact us to discuss the details of your accident and how we can assist you to regain the compensation you fully deserve.
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