Trucking accident claims can get complicated. Unlike ordinary car crashes, several parties can be responsible, and it can get confusing even when everything seems so straightforward.
These parties could be held liable in an accident involving a truck:
- The driver
- The trucking company
- The truck’s manufacturer
- The loading crew
It all boils down to the negligent actions of the players mentioned above. Here is how things might play out when determining fault.
What were the circumstances of the accident?
Usually, the reasons behind the accident may help establish liability. For instance, if a driver was driving recklessly or was under the influence leading to the accident, they may be held responsible for the crash. A trucker may also be to blame if they did not get adequate rest and their fatigue led to the crash.
Similarly, the trucking company can be at fault if it hired unqualified drivers, failed to properly maintain trucks as required by law or even for poor enforcement of policies like the Federal Hours of Service. In most cases, trucking companies are answerable for their drivers’ actions.
The loading crew could be liable if overloading or an improperly secured load caused the crash, while the truck’s manufacturer may be responsible if the accident arose from a defective component.
Were you involved in a trucking accident?
Witness statements, an accident reconstruction expert, the truck’s log book and police reports at the scene of the crash can all be useful in determining fault. However, as a victim of an accident involving a truck, you need to handle your claim carefully.
You will likely be going up against multiple parties and big insurance legal teams and it can get pretty overwhelming. To protect your interests and make a successful claim, it’s wisest to have some experienced legal guidance.