Who can be held liable in a truck accident?

Front End of a Green Semi-TruckTo say that truck accidents are complicated is an understatement. A variety of factors that many don’t even know about come into play when determining who is at fault. Unlike car accidents, in which typically only the drivers involved in the accident can take the blame, many other people, companies, and even equipment may be held liable for truck accidents. Here, we discuss some of the parties that may be held liable after a truck accident. When it comes to truck accidents, there are many different parties that may be liable for a victim’s injuries. The following is a brief overview:

  • The truck driver. If you are hit by a truck that went through a red light or hit from behind by a truck, the truck driver may be to blame. This is particularly true if the driver was under the influence or distracted when the accident took place. However, you may be able to make a claim against the driver, in addition to additional parties if your attorney finds that more than just the driver could be to blame.
  • Cargo companies. You’ve likely seen big trucks traveling down the road while carrying massive amounts of cargo. Often times, these pieces of cargo are unsafely loaded, whether it is because the people who loaded them didn’t follow proper protocol, or because the equipment they used to secure the cargo is unsafe. Whatever the reason, the cargo company may be to blame if falling cargo caused your accident, or if uneven cargo placement caused the truck to create an accident.
  • The trucking company. Truck drivers are placed under lots of pressure to deliver their loads as quickly as possible. Oftentimes, truck drivers have to adhere to unreasonable schedules—and may engage in dangerous behavior in order to keep their jobs. For instance, some drivers may go without sleep for long periods of time in order to make it to their destinations.
  • Truck manufacturers. No matter how safe a truck operator drives, he may not be able to prevent an accident from occurring if the rig he is driving malfunctions. Faulty manufacturing can be to blame if the truck was defective or poorly designed. Additionally, if the truck was made with defective parts which were to blame for the accident, the truck manufacturer may be at fault.

Determining Who Is to Blame

Finding the evidence you need to prove that the cargo company, truck manufacturer, trucking or cargo company, or even a truck driver is to blame is crucial in a truck accident case. Having a strong attorney on your side can help you get the compensation you’ll need, because the truck driver and his team will also have a strong legal front. Attempting to fight the insurance company on your own can be a losing battle.

The truck driver’s attorneys may attempt to place the blame on you—even if it was clearly the driver’s fault. Additionally, if you try to fight against a major company, you will have an experienced legal team attacking your character, your driving history, and whatever it can to win the case. Are you prepared to fight that on your own? Do you know how to prove that faulty truck brakes or an improper trailer attachment caused your crash? 

The attorneys at Kennedy Hodges, LLP will do what it takes to gather evidence and conduct a thorough investigation. Schedule an appointment to speak with a legal professional about your situation by calling 855.947.0707 to learn more about how we may be able to get you the help you need to pay for your medical bills, vehicle repairs, and time lost from work.

 

David W. Hodges
David Hodges is a founding partner of Kennedy Hodges. He focuses his practice on personal injury claims.