In a truck accident, determining who is liable is not always easy. The liability can be complicated because several people are involved in the accident. They include the driver of the truck, the business or individual that owns or leases the vehicle, and any other parties who may have contributed to causing the accident.
According to various legal resources, determining liability in these cases often depends on whether you were injured in an auto-truck collision (also known as a “semi-truck accident”) or if someone else was injured in an auto-truck crash. If you were injured in an auto-truck crash, you should first determine who was driving at the time of the wreck and then look at which party may be liable for your damages. The following are the most common parties that may be liable for a truck accident:
The Truck Driver
The truck driver is usually the first person to come to mind when determining who is liable in a truck accident. Drivers indeed have a duty to drive safely and obey traffic laws. It can happen even if the driver has been operating without accidents or tickets for years.
What if the driver was speeding? What if the driver was distracted by using their cell phone? What if other vehicles traveled at unsafe speeds and caused an accident with you? What if the driver did not follow proper safety procedures, such as checking their mirrors before changing lanes or following too closely behind another vehicle?
Suppose you were involved in an accident caused by a truck driver who did not follow proper safety procedures. In that case, it may be possible for you to receive compensation for your injuries from them and their employer’s insurance company.
An employee of a trucking company causes an accident while driving a company vehicle. In that case, the employee’s employer and themselves can be held liable for damages from the accident. If they permitted them to drive recklessly under normal circumstances, that would be another reason for them to be held accountable.
The Driver’s Employer
The driver’s employer in an accident could be liable for your injuries if they were at fault or negligent. For example, if they failed to provide safe working conditions or adequately train their employees on how to operate their equipment safely. The employer may also be liable if they knew or should have known that their employee posed a danger to others while operating their vehicle and did nothing about it (such as failing to give him an alcohol test).
The Cargo Loaders or Manufacturer
In some cases, the cargo loaders may be liable for your injuries because they are responsible for loading and securing the cargo. In other cases, the manufacturer will be held accountable if there is an issue with the design of a commercial vehicle that causes your injuries.
If you were injured by a truck accident, many factors could affect your ability to recover damages. Determining who is liable for your injuries is only one aspect of the legal process. If you want to know what to expect from a personal injury lawsuit, contact an attorney as soon as possible.