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Who is Liable in a Trucking Accident?

| May 13, 2019 | Personal Injury, Truck Accidents

Big trucks can cause substantial harm in a crash, which can lead to painful injuries, deadly losses, and expensive damage. Although some semi-truck accident survivors are lucky enough to walk away with minor injuries, many more face serious harm, such as broken bones, whiplash, brain injuries, spinal damage, and worse. Dealing with major injuries after a crash can be more than just painful, it can be extremely expensive and frustrating.

While seeking compensation after a crash won’t erase the damage that’s already been done, it can help you cope with your current circumstances more comfortably, and it may allow you to look to the future with hope.

In any truck accident, there are several parties who could be found liable for the crash. Depending on the circumstances of the incident and the cause, the trucking company could be found liable, the driver, the cargo loading company, or the vehicle manufacturer. In order to discover which of these parties is responsible, it is important to determine how the crash was caused.

Truck Company Liability

Trucking companies are responsible for upholding the federal laws and regulations designed to preserve the safety of truck drivers and everyone else on the road. For example, truck drivers must maintain their vehicles, invest in the appropriate mechanical fixes, hire qualified drivers, enforce safe cargo loading practices, and more. When the truck company does not do their part to uphold roadway safety, they may be responsible for the crash and the resulting damage.

Truck Driver Liability

In many trucking crashes, the truck driver is to blame. Drivers are directly responsible for their vehicles, and if they fail to drive with caution, do not observe traffic laws, or if they ignore trucking regulations, they could contribute to the cause of a major crash. Because truck drivers are prone to working long hours, many trucking accidents are caused by driver intoxication or drowsy driving. Although there are several laws in place to prevent these types of dangerous driving practices, many drivers continue to dismiss these rules to stay awake and meet demanding driving deadlines. In any case, the driver and his or her company may be liable.

Vehicle Manufacturers

The companies responsible for designing, building, and maintaining the semi-truck and each component have a responsibility to ensure the vehicle is safe and reliable. If a tire is faulty or a transmission component is damaged, the manufacturer of those parts might be responsible for any consequential damage.

Cargo Loading Companies

Many big-rigs carry heavy cargo in long trailers, truck beds, or tanks. Loading the cargo securely and safely is extremely important, and any mistakes could result in roadway spills, tipping accidents, and worse. Loading companies must make sure the cargo weight is evenly dispersed and secured well, otherwise, it could endanger the driver and everyone else on the road. If a cargo loading issue causes a crash, the company responsible for the cargo could also be partially liable.

Do You Have a Truck Accident Case? We Can Help!

However the accident is caused, semi-truck crashes can be extremely damaging, which is why it’s important to take action immediately. When you call our attorneys at Scarzafava, Basdekis & Dadey, PLLC, we can gather evidence to support your case and file a claim as quickly as possible. We know how delicate these types of cases can be, and we have the experience necessary to help you get back on your feet after a crash.

Contact Scarzafava, Basdekis & Dadey, PLLC today to get started.