Sometimes, the driver and the trucking company may not be the only parties liable for a truck accident. Several parties come into play depending on the circumstances, nature, and causes of the accident.
Determining liability in a truck accident requires the help of a skilled lawyer. They know how to investigate and determine liability.
In this article, you’ll learn about potential liable parties in a truck accident.
Let’s get rolling.
Manufacturers
Trucks are complex machines, and sometimes, defects in manufacturing or design can lead to accidents. The manufacturer is liable for the damages if a faulty part causes a crash. For instance, defective steering can limit the truck’s maneuverability, resulting in an accident.
In such cases, it’s not just about the driver’s actions; the manufacturer bears full responsibility for ensuring the safety and reliability of products.
Cargo Loaders and Shippers
Cargo loaders are other parties that may be held accountable for a truck accident. Improperly loaded cargo can contribute to a truck accident. If cargo loaders and shippers load the cargo incorrectly, it can cause the truck to become unstable, leading to a shift in weight.
Maintenance and Repair Companies
Maintenance and repair companies should ensure the safety of truck drivers. Maintenance companies are held liable for the accident when they:
- Fail to address known issues: Maintenance companies may be aware of specific truck issues but fail to address them appropriately. This could involve ignoring warnings from the truck driver or neglecting to take the necessary action to resolve the known problem. If these issues ultimately contribute to an accident, the maintenance company will be held liable.
- Substandard Repairs: Maintenance companies will be liable for the truck accident if they perform substandard repairs on the truck, leaving other issues unattended. This could be improperly installing parts or using faulty components.
Government Entities
Government entities can also be held liable for a truck accident. Government agencies are held liable when poor road conditions, faulty traffic lights, or inadequate signage contribute to an accident.
Contractors and Sub-contractors
If the trucking company outsources specific tasks related to the truck’s operation, such as training, to third-party contractors and subcontractors, they can be liable if their negligence contributed to the accident.
Third-Party Drivers
Sometimes, a truck accident may involve multiple vehicles, and the negligence of the driver of the other cars on the road may, directly or indirectly, cause the accident. Those drivers and their insurance companies could be held liable for the accident in such a scenario.
How Lawyers Establish Liability in a Truck Accident
In a truck accident, lawyers establish liability by putting into practice the following aspects:
- Gathering Evidence
Accident lawyers start the procedure by compiling every piece of evidence associated with the accident. This extensive gathering encompasses various materials, such as witness statements, police reports, photographs, or any other tangible evidence from the site.
Moreover, they acquire crucial paperwork such as maintenance logs, driver records, and data from the truck’s black box.
- Accident Reconstruction
Attorneys work with experts to recreate the accident scene. They analyze things such as speed, vehicle damage, the condition of the vehicle, skid marks, and other relevant factors that may assist in reconstruction.
- Driver Investigation
Attorneys conduct in-depth investigations on drivers, ensuring they have every piece of information at stake. This information may include the truck driver’s background, training, employment, and driving history. With adequate information about the driver, the attorney can determine whether the driver is liable.
- Trucking Company Investigation
Attorneys also thoroughly examine the trucking company where the driver works. The lawyers review the following aspects to determine the company’s liability:
- Vehicle maintenance records
- Hiring practices
- Training programs
- Compliance with industry standards and best practices
The Final Say!
Truck accidents are messy affairs that often involve more than just the driver and the trucking company. Depending on the circumstances of the accident, manufacturers, cargo loaders, government entities, maintenance companies, and other parties can all share liability.
