Who has liability in a commercial truck accident?

Who has liability in a commercial truck accident?
Dec 06 2022

Commercial trucking accidents involve several parties. Determining liability is not always straightforward. Depending on the company’s size and the accident’s circumstances, you might pursue damages against one or multiple entities.

According to the latest statistics released by the Federal Motor Carrier Safety Administration, fatal crashes involving large trucks or buses increased by 31 percent from 2010 to 2020. Injuries saw an overall increase in that same time frame as well. With the increasing risk of large truck accidents, you must know how to pursue a case against trucking companies.

Trucking companies

Many truck accidents are not the result of driver error. Unfortunately, some trucking companies perform incomplete vehicle inspections and push their drivers to work long hours. If the accident results from mechanical failure or fatigued driving, one of the responsible parties might be the trucking company.

Manufacturers and cargo loaders

Mechanical failure also rests on the manufacturer or cargo loader. If you or a loved one suffered an accident from a tire blowout, displaced cargo, brake failure or other equipment issues, then the manufacturer might have liability.

Drivers

The most obvious candidate for liability is the driver. If they are an independent contractor, they might solely be responsible for the accident. Accidents caused by driver error are easier to prove, but it does not mean the driver is the only liable party.

Pursuing a claim against truck companies involves a lot of research into the professional practices of the company, driver and manufacturer. Often, a culture of unsafe practices works through every level of the company.

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