Who becomes responsible for large truck accidents on a road
Being involved in big truck crashes on the road can be a frustrating experience. This is especially true if you have suffered an injury as a result of someone else’s negligence. When you are injured, you may have the right to file a claim against the responsible party.
However, large truck claims are more complicated than auto accident claims because multiple parties may be held responsible for the accident, depending on the circumstances. For this reason, it is essential to determine who can be held responsible for the incident so that you can recover the right amount of compensation that you deserve.
Read on to find out who becomes responsible for big truck accidents on the road.
- Truck’s driver
The person driving the big truck when the accident happened can be held responsible for what happened. Generally, there are many reasons why they can be held liable. For example, they may have broken a traffic code or be distracted while driving.
Additionally, they may be guilty of driving under the influence of alcohol or drugs, which may have caused the accident. In addition, some other factors that may engage the liability of the truck driver may include drowsiness, long hours of driving and many more.
There can be various reasons why an injured victim can sue the driver for a truck accident. But if you want to learn more about truck crashes and how a truck driver can be responsible for the crash, you can check out this recommended reading.
Another party that could be held responsible for major accidents on the road is the trucking company. They can be held liable for the negligent acts of their truck drivers under legal doctrine known as superior respondeat. This doctrine adheres to the rule that trucking companies are required to hire qualified drivers, follow federal trucking regulations, perform regular maintenance on their trucks, and many more. Also, just like buying a new car, a trucking company needs to make sure that the trucks it purchases are in good working order and safe to drive.
Therefore, by applying the doctrine of superior respondeat, the failure of the trucking company to fulfill these duties and obligations could make it liable for losses incurred caused by a major truck accident.
Parties that load trucks
Another party that can become responsible for major truck accidents is the freight company responsible for loading and securing the trucks before the trip. In some cases, traffic accidents involving heavy duty vehicles occur due to the negligence of the parties loading the trucks. This may be due to improperly loaded goods.
For example, goods can fall from trucks causing an accident on the road. In addition, those that are not properly secured can shift during transport, causing the driver of the truck to lose control of the vehicle while driving.
Large trucks are made from thousands of small parts and pieces of equipment. Without these components, these heavy duty vehicles will not perform properly and safely on the road. However, when a truck collision occurs due to a defective part, the vehicle manufacturer may become responsible for the losses suffered by the injured victims.
If you are injured in a major truck accident caused by a faulty vehicle, you may be eligible to file a product liability claim to seek compensation against the manufacturers.
Maintenance and repair company
If the trucking company outsources the maintenance and repair of its fleet to a third-party company, the latter may also become responsible for a truck collision if it was caused by a maintenance problem or a defective part. For example, if they are responsible for inspecting trucks to keep them safe on the road, they can also be held responsible if such a failure contributed to what happened.
Government agencies and entrepreneurs
When a truck accident occurs due to a road hazard such as a broken pavement or soft shoulder, the government agency responsible for road maintenance may be responsible for what happened. In addition, contractors hired by the government can be prosecuted if it is shown that the work they performed contributed to the accident.
Dealing with large truck accidents can be complicated and overwhelming. In addition to sustaining serious injuries, you may have to deal with several parties that could become responsible for the accident. As such, you can hire a lawyer to help you determine the parties responsible for the accident. Your lawyer can identify the appropriate party at fault that you can hold responsible for your damages by investigating and gathering evidence.