Truck accidents happen for all kinds of reasons and can be caused by equipment failures, faulty road designs, weather conditions, and driver errors. Accidents involving trucks are much more complicated when determining liability. In a truck accident scenario involving a two-car accident, one might be able to sue the driver at fault and file a claim with an insurance company.
The truck driver at fault may not always be the individual held responsibly and truck accident claims can be filed against external parties.
Determine the Fault within a Truck Accident
Determining fault in a truck accident can be a complex matter as many parties may be seen as liable. Police accident reports tend to focus on discovering if the accident resulted from a criminal offense.
In the case that a police investigation does point to a criminal offense that has resulted in an accident, such as drunk driving, the matter of proving fault in a civil case is much easier. If this is not the case, then one will need to conduct an independent investigation into the accident to uncover who is responsible and prove that liability in the setting of court.
Who is Liable in A Truck Accident?
- The driver of the truck
- The trucking company
- The truck manufacturer
- The company that loaded the truck
- The maintenance company responsible for the maintenance of the truck
- A third-party driver
Are truck drivers responsible for damages? The truck driver may be responsible for the accident in many ways if their actions directly resulted in the collision, making them liable. Proving that they were at fault is necessary and can be made easier if they clearly violated the law or any trucking regulations, such as restrictions on service hours.
The trucking company may be at fault and held liable if they:
- Failed to properly train their drivers or keep the truck in good working condition.
- Failed to encourage their drivers to abide by the safety regulations.
Truck manufacturers may be held liable if there is a flaw in the truck’s design or manufacturing. In cases such as this, the company that engineered and sold the vehicle could be liable.
If an unbalanced or unsecured load caused the truck accident to occur, then the company responsible for loading the vehicle could be at fault and held liable.
The Maintenance Company
If a maintenance company that is separate from the trucking company was responsible for inspecting the truck and keeping it running safely, they could be held liable for a system breakdown and as result held liable for the accident.
A Third Party Driver
When the actions of another driver on the roadway forced the truck driver into a collision with the victim, the other driver could be held liable.
FAQs – Truck Accident Liability
What counts as a truck accident?
Truck accidents can include accidents that involve semi-trucks, garbage trucks, flatbeds, heavy equipment vehicles, and vehicles that a driver needs a special license to operate.
How much can I expect to receive in damages for a truck accident?
When calculating how much one can receive in damages from a truck accident claim, all details of the accident need to be known, such as the injuries, the losses, and damages, to determine the case value.
What do I do after a truck accident?
The most important thing one can do after a truck accident is to get the recommended medical treatment necessary.
From here, even if the accident was not the individual’s fault, they need to contact their own car insurance company and open a claim.
Due to the complex legal issues in truck accident cases, it is recommended that one does not give a recorded statement without speaking to a truck crash lawyer, which one can find at Coluccio Law.
Truck Accident Claims
Determining truck accident liability to successfully lodge a truck accident claim can be a complicated matter. Let us help make it easier for you and call Coluccio Law today to get a free quote or contact us via our convenient online form.
Our expert team is ready to assist you in getting the legal assistance needed in determining truck accident liability.