Who Could Be Liable for Your Trucking Accident?

Who Could Be Liable for Your Trucking Accident?

Motorists struck by a commercial truck have the right to seek compensation through a trucking accident claim and may understandably want to file it as soon as possible. However, it is important to not rush into the situation and potentially file a claim against the wrong liable party, which could slow down the path to recovery. For example, most people assume the trucker themselves must be the only person to blame for the truck accident, but this is not always the case. Depending on the details of the crash, it could be that many other parties are also partially liable.

Parties that could be responsible and liable for your trucking accident include:

  • Trucker: An obvious candidate for liability in a trucking accident is the truck driver. Indeed, it would be highly unusual for there to be a trucking accident not caused at least in part by the truck driver. People filing a truck accident claim should view the trucker as they would a motorist in a car accident and question whether or not they were distracted or intoxicated at the time of the crash.
  • Parent company: The trucking company that employs a truck driver, or utilizes their services as an independent contractor, can actually play a significant role in causing truck accidents. With a recent demand growth for truckers, there have been many reports of trucking companies hiring inexperienced truckers and offering no essential training courses. This puts everyone on the road at risk. Furthermore, trucking companies must responsibly schedule truckers to ensure they do not become exhausted behind the wheel. However, the norm for a trucker in the United States are 14+ hour days and 80+ hour work weeks, which contributes to fatigue.
  • Maintenance crews: Every commercial truck used on public roads must meet strict maintenance and performance standards set by the Federal Motor Carrier Safety Administration (FMCSA). Tractor trailers are often serviced by a third party company. If that company fails to adequately make repairs, replacements, or improvements, then it could be partially liable for a trucking accident, especially if the crash is caused by a part failure.
  • Load teams: Large commercial trucks are prone to tipping over when taking sharp turns or if high gusts of wind catch the side of the trailer. Improperly loaded cargo in the trailer can dramatically increase the chances of a tip over accident occurring. The company that loaded the trailer needs to follow FMCSA guidelines, or else could become liable for an accident.

File Your Truck Accident Claim with Confidence

Del Rio & Associates is a leading Sacramento personal injury law firm with a focus on complex liability cases, such as a trucking accident claim. If you have been seriously injured by a commercial truck, tractor trailer, or big rig, please contact our law firm at your first opportunity. We can help determine if you have a valid claim and what to do next if you do during your free initial consultation.

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