What Parties Could Be Liable for a Truck Accident?
Posted on behalf of Lynch Law Firm on Mar 13, 2018 in Truck Accidents News
Commercial trucking operations involve multiple parties, which means it is not just the driver who could be held liable for a truck accident.
For this reason, it is important to know which parties could be held liable for your medical bills, lost wages, and pain and suffering you experienced after a truck accident.
However, these parties often attempt to deny responsibility, so it is important that you work with a skilled New Jersey truck accident attorney to help identify the at-fault party and pursue the maximum compensation you deserve.
Do not hesitate to contact the personal injury attorneys at the Lynch Law Firm to schedule a free, no obligation consultation today.
Driver error is one of the most common causes of commercial truck accidents. Some reasons that may have contributed to a truck driver causing an accident include:
- Driver fatigue
- Driver distraction
- Impairment from drugs or alcohol
- Traffic law violations, including ignoring signals and speeding
- Violating the Federal Motor Carrier Safety Administration’s hours of service rules
- Medical conditions or events that left the driver incapable of operating the truck
- Reckless or aggressive driving
Our truck accident lawyers will thoroughly investigate your accident and the truck driver to see if he or she has driving record violations or infractions.
Additionally, we will review the truck’s event data record (black box) to determine if the truck was speeding before the accident or if other elements may have led to the crash.
By using this evidence, we may be able to determine if the truck driver is at fault for your accident.
Trucking companies have a duty to hire qualified drivers who have the proper training to operate large commercial vehicles. Additionally, trucking companies are obligated to frequently test their drivers for drug and alcohol use.
When a trucking company fails to uphold its duty, the company may be held liable for a truck accident. This includes situations where a trucking company:
- Employed drivers who do not hold a commercial driver’s license (CDL)
- Failed to adequately train drivers for the job
- Allowed or forced drivers to violate hours of service rules
- Hired drivers with drug or alcohol violations or a poor driving record
A commercial truck accident may be caused by a defective vehicle part or mechanical failures. If this was the cause of your accident, the manufacturer of the defective part or component could be held liable for your injury.
A defective part may be to blame if one of the following issues was the cause of your truck accident:
- Transmission failure
- Steering system failure
- Brake failure
- Tire blowouts
- Defective hitch
- Defective lighting
Often, mechanical issues in commercial trucks are the result of poor maintenance. Trucking companies and their drivers are required to perform regular maintenance inspections on commercial vehicles before using them on long-distance trips.
An attorney will review the truck’s maintenance logs to determine if inadequate care may be the reason for the crash, or if the vehicle’s parts have been recalled or are known to be defective. This may help your attorney determine if the owner’s negligence is to blame or if the manufacturer of the vehicle’s parts is at fault.
Because commercial trucks carry cargo across the country, the company that loads the cargo must make sure the contents are safely secured while traveling.
To determine which party was responsible for safely loading a truck’s contents, your attorney will obtain the vehicle’s cargo records, which indicate which party is responsible for securing the load.
A loading company may be held liable for a truck accident if the cargo:
- Was not secured
- Was exposed
- Fell from the truck
- Was distributed improperly, causing the tractor-trailer to tip over
Get Help After a Truck Accident
Working with a skilled and knowledgeable truck accident attorney may help you recover the fair compensation you deserve after being injured in a truck collision.
The New Jersey truck accident lawyers of Lynch Law Firm are knowledgeable regarding the commercial trucking industry and applicable laws. We have helped numerous victims of negligence pursue the compensation they deserve after being injured in an accident.
To find out if you have legal options available after being injured in a truck accident, schedule a free, no obligation consultation with our personal injury lawyers. We work on contingency, which means there are no upfront legal fees. We only receive payment if we recover compensation for you.
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