Multiple parties play a role in the working and maintenance of commercial trucks. For this reason, determining liability for a truck accident can be a complicated process. Depending on what caused the accident, several parties could be held responsible. To get adequate compensation, you need to identify those at fault for the truck accident.
Take a look at the different parties that could be liable for the crash.
1. The Trucking Company
Trucking companies are liable for the mistakes of their direct employees under the vicarious liability principle. That means that if the trucking company failed to conduct thorough background checks before hiring a truck driver, the employer might be liable for an accident caused by the said employee.
Additionally, a trucking company could be at fault if it fails to properly train its truck drivers. For example, if the trucking company were unable to provide a safety checklist for truckers to use before driving on the road, the employer could be held responsible for the accident.
Trucks need regular inspection and maintenance to safely operate for long distances in different terrains. If a trucking company fails to inspect and maintain its trucks, they are liable should an accident occur.
A good truck accident lawyer will evaluate the activities of a trucking company and determine whether its actions resulted in the accident.
2. The Truck Driver
If a truck driver was driving while intoxicated, they might face criminal charges. Also, if someone dies because of injuries sustained from the accident, the driver can be charged with vehicular manslaughter. Other negligent behaviors that could make the truck driver liable for an accident include:
Remember that liability for a truck accident may trickle down from one party to another. For instance, trucking companies could offer incentives for drivers to meet specific mileage quotas. In turn, truck drivers may be pressured to work for long hours to meet the set targets. If an accident occurs because the truck driver failed to take reasonable breaks, both the trucking company and driver could be at fault.
3. The Truck's Manufacturer
Sometimes, truck parts may be defective right from the manufacturing process. If these faulty parts cause a truck accident, you could sue the manufacturer under product liability law.
This legal concept holds a truck manufacturer responsible for any defective parts available in the market. Under this law, a truck manufacturer should recall defective parts and warn consumers about the faulty products. Failure to do so leaves the manufacturer vulnerable to a product liability lawsuit.
Contact a lawyer in your area to learn more about your case.
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