A Legal Guide to Who Is Liable in a Truck Accident
Truck collisions are highly dangerous, resulting usually in extensive injury and loss. Establishing the party that will be liable for a truck accident can be troublesome. Establishing liability in a truck accident can be troublesome. Contrary to typical car crashes, truck accidents commonly have numerous culpable entities involved, and below, we explore them in further detail.
The Truck Driver
Truck drivers are often among the primary responsible parties in an accident. Their negligence, including speeding, driving distracted, or while under the influence of alcohol and drugs, causes severe accidents. Fatigue is yet another widespread cause, with drivers going beyond the hours-of-service limitations legally prescribed by the Federal Motor Carrier Safety Administration (FMCSA). If truckers violate these rules, then they will be liable for the damages incurred.
The Trucking Company
Trucking companies can also be held at fault for any negligent hiring and training policies. Hiring under-qualified drivers or disregarding safety requirements raises the likelihood of accidents. Any accidents caused by companies failing to maintain their vehicles properly can lead to liability. In some instances, companies compel drivers to drive under unrealistic time constraints which fosters dangerous driving habits.
The Truck Manufacturer or Parts Supplier
If the cause is a mechanical issue, liability may extend to the truck manufacturer or the parts supplier. Tragic accidents can occur because of faulty brakes, steering mechanism, or engine parts. In these cases, personal injury lawsuits can be pursued against the manufacturer under product liability laws. An investigation might be necessary to establish if a design or manufacturing defect caused the crash.
Cargo Loaders and Third-Party Companies
Truck accidents also occur when the cargo is not properly loaded. A truck becomes unstable when its weight distribution is incorrect. It risks rollovers and creates challenges for the driver to maintain control. Hazardous materials also pose serious risks when they are not properly secured. Companies which supervise cargo loading may face liability when accidents occur because of their negligent handling practices.
Government Entities
Government agencies may also receive legal responsibility for certain truck accidents. Deteriorating roads, missing signs, or unsafe road conditions can lead to accidents. When state or local authorities neglect to maintain proper roadways, it is sometimes possible to hold them accountable through judicial courts. Claims against governments are usually subject to specific procedures and limitations that should be handled cautiously.
How to Prove Liability in a Truck Accident Case
Proving liability entails collecting substantial evidence. Dashcam video, accident reports, and the truck’s black box data is valuable in determining the cause of the crash. Expert opinions and witness testimonies help build a strong case too.
Victims should consult with a lawyer who has experience in truck accident lawsuits. Showing how the accident has affected the victim’s physical and mental health is a way of proving pain and suffering in a personal injury case. Since the task is not easy, people who have been involved in truck accidents in the New Jersey area usually approach a New Jersey truck accident attorney to handle the intricacies of their case. The state has seen a significant rise in truck accident cases. Since it operates under a no-fault system, an expert attorney can help victims secure fair compensation from insurance providers.
Endnote
It is not easy to establish liability in a truck accident case. Multiple parties can be held accountable. If you or someone you know has been hurt in a truck collision, consult a legal professional today to seek justice.