Determining liability for a catastrophic trucking accident can be a particularly complex undertaking, as multiple parties may be responsible for the harm caused by a specific collision. Yet, understanding who can be held liable allows victims seeking justice and compensation to make informed decisions about their rights and options under the law.
Ultimately, there is no solid way to determine who is liable for a particular crash absent a thorough investigation and informed legal guidance. However, there are some common culprits in this regard that are worth considering when sorting out cause and liability in the wake of a catastrophic accident.
A truck driver involved in the crash
The most immediate consideration is often the truck driver. If the accident was caused by the driver’s negligence, such as speeding, driving under the influence, fatigue or violation of traffic laws, they can be held liable. The primary reason why so many truck accidents are caused by truckers is that, quite simply, truckers earn a living in a lonely, stressful and dangerous profession.
The truck driver’s employer
Trucking companies can be held liable for the actions of their employees performed within the scope of their employment under certain circumstances. For example, if a trucking company failed to enforce regulatory compliance, such as hours of service regulations, or if it neglected proper maintenance of its fleet, it could be found liable for harm caused by a fatigued driver or an ill-maintained truck. Additionally, if the company hired an unqualified or improperly trained driver who then caused a crash, this could further implicate its operations.
Other involved parties
If the accident was caused by a vehicle defect, such as brake failure or steering issues, the manufacturer of the truck could be held responsible. Similarly, as trucks require regular maintenance, if an external company was contracted for this purpose, they could be liable if their negligence in maintaining a truck contributed to an accident.
Additionally, improper loading of cargo can lead to accidents, such as those caused by shifting loads. If a separate company is responsible for loading the truck, and if improper loading contributed to an accident, this company could potentially be held liable for the harm caused by the collision.
Determining liability in a catastrophic trucking accident involves a thorough investigation into all potential contributing factors. It’s important to recognize that catastrophic accidents may involve multiple liable parties, and each case requires a detailed examination of the facts to ensure that all responsible parties are held accountable.