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Who is liable in a trucking accident?

On Behalf of | Mar 26, 2024 | Trucking Accidents

Truck accidents are potentially worse than collisions that only involve passenger autos due to the vast size and weight differences. Truck collisions often cause severe injuries that require extensive medical treatment, leaving those injured with financial hardships. A claim against the at-fault party may provide compensation, but who is liable?

When a truck accident occurs, determining liability can be complex due to the involvement of multiple parties.

Why determining fault is important

Determining fault helps injured parties seek compensation for their damages from the responsible party or parties. It also holds those accountable who are negligent or reckless, promoting safer driving practices.

Identifying fault can aid in preventing similar accidents in the future by addressing underlying causes, such as inadequate training, maintenance issues or violations of safety regulations.

Truck driver

The truck driver is often the first party considered liable in a truck accident. If the driver was speeding, driving recklessly, fatigued or under the influence of drugs or alcohol, they may be accountable for the accident.

Trucking company

In many cases, the trucking company that employs the driver can also be responsible for a truck accident. If the company failed to properly maintain the truck, provide adequate training to the driver or enforce federal safety regulations, they may share responsibility for the accident.

Truck manufacturer

Sometimes, a defect in the truck itself can cause an accident. In such cases, the manufacturer of the truck or its components could be liable for the accident. This might include issues with brakes, tires, steering systems or other mechanical failures.

Cargo loaders

Improperly loaded or secured cargo can also contribute to truck accidents. If the cargo loaders failed to secure the cargo properly, causing it to shift or spill onto the roadway, they may share some responsibility for the accident.

Maintenance contractors

Truck maintenance contractors responsible for servicing and repairing trucks may also be liable if their negligence or improper maintenance contributed to the accident. This could include failure to inspect brakes, replace worn-out parts or perform necessary repairs.

Other drivers

In some cases, other drivers on the road may share responsibility for a truck accident. This could occur if another driver cut off the truck, made an unsafe lane change or engaged in other reckless behavior that contributed to the accident.

Protect your right to compensation

Truck accidents often require investigations due to their complexity and potential for severe consequences. Liable insurance companies sometimes deny valid claims to avoid paying damages, so it is important for you to investigate the accident and gather your own evidence.

Hold the guilty party accountable

Understanding the potentially liable parties in truck collisions can help those injured know where to look for compensation.

Your Next Steps with Rittgers, Rittgers & Nakajima

Personal injury law is vast, and these five signs only scratch the surface. At Rittgers, Rittgers & Nakajima, we bring genuine compassion and a deep commitment to those we serve.

Understanding the uncertainty that follows an injury, we offer free initial consultations to evaluate your case and discuss legal pathways to compensation. View some of the results we have achieved for our clients here.

Our mission is straightforward: to help injured individuals recover the full compensation they rightfully deserve. If you have questions or need guidance, contact us at 513-964-2789.