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Who Is Liable in a Truck Accident?

Who Is Liable in a Truck Accident?

When a truck accident happens, establishing liability can be very difficult. This is because there could be several parties who are liable for the accident or compensation. Because of this, there are differences between establishing liability when personal injuries are caused by a vehicle, and when they are caused by a truck. Below, we will look at the different parties who might be liable in a trucking accident.

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The Truck Driver

A truck driver can be liable for many reasons. Some of the most common ones include breaking the law (such as being drunk behind the wheel), not ensuring the truck is serviced properly and regularly, or becoming distracted.

Other factors that may contribute to an accident that your New Haven CT personal injury lawyers might explore when trying to come up with a compensation figure include driving at night, driving for too many hours, health conditions, and driving while drowsy. In many cases, though, the truck driver is often held liable for damages to property or for personal injury.

The Truck’s Owner

The owner of the truck can also be liable if their truck is involved in an accident. This happens in cases where a trucking company does not own any trucks but instead borrows or leases them.

The owner is held liable because they are responsible for the truck’s maintenance, engine checks, tire upkeep, or even ensuring the driver is comfortable while driving. The owner must also maintain a schedule for oil changes, brake replacement, and the maintenance of the electronic systems. Because federal regulations say that all trucks must be inspected regularly, failure to do so makes their owner liable.

The Trucking Company

The trucking company can also be liable for an accident. However, holding the trucking company liable is almost impossible unless the plaintiff and their lawyers can prove certain facts. Some of these include incomplete inspections, cutting corners around their trucks’ and drivers’ safety, pushing the driver to drive when they should not, and pushing a driver to meet deadlines or quotas when they are already tired or drowsy.

As for faulty equipment, the trucking company and the truck’s manufacturers will share liability unless it is demonstrated that the trucking company was alerted to some deficiencies or safety concerns and did not do anything.

The Cargo Loaders

Although uncommon, cargo loaders can also be liable if the accident involves the cargo. If the loader did not inspect the cargo to insure it was secured properly, then they are liable if something falls off and causes injuries or damage to cars and property.

Manufacturers

In some cases, manufacturers will be liable if there is a defect with the truck that causes an accident or personal injuries. Defective parts could malfunction leading to mechanical failure, tire blowouts or even faulty brakes.

Determining who is liable in an accident involving a truck is often very difficult. There are so many parties that could be liable and this is why it is so important to hire the right lawyers to handle your case. These lawyers could unearth something that the parties potentially liable do not want uncovered, as well as find witnesses who will help your case.


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