Who Is Legally Liable for a Truck Accident?

 Posted on February 09, 2021 in Truck Accidents

If you or a loved one were involved in a truck accident, a personal injury claim may allow you to recover financial compensation for your vehicle damage, medical bills, disability, pain and suffering, and other losses. However, it is not always easy to identify the party who is “liable” or legally responsible for a truck accident. Many people assume that the truck driver is automatically at-fault for a serious truck accident, however, the trucking company, a manufacturing company, or even a government entity such as a state may be liable for a truck accident.

Truck Accidents Caused By Truck Driver Negligence

A large percentage of truck accidents are caused by negligent driving. Distracted driving is a particular concern. Because of their massive size, commercial trucks take a long time to stop. If a truck driver is looking down at his or her radio, GPS, or cellphone when a stopped vehicle or other obstacle appears in front of him or her, the results can be catastrophic. Driving under the influence of drugs or alcohol is another issue that may lead to horrific truck accidents. Truck driver fatigue and violations of the Federal Motor Carrier Safety Administration’s (FMCSA) rules regarding rest breaks and drive time may also be the cause of a major truck accident.

Trucking Company Liability for Truck Accidents

In many truck accident cases, the fault for the accident lies with the trucking company. Some truck companies cut corners and hire drivers who are under-qualified to drive a commercial big rig. Other trucking companies fail to keep their trucks adequately maintained. Mistakes in the loading and securement of truck cargo may also be caused by trucking company negligence.

Other Parties That May Be Responsible for Your Accident

A truck accident may also be caused by equipment malfunctions. If a defective braking system, steering system, hydraulic system, tire, or another defective truck part led to your accident, the company that designed, manufactured, or sold the defective part may be liable for your damages. If your accident was caused by potholes, inadequate traffic signs or signals, or other road defects, the party responsible for maintaining the road may be liable. This is typically a government entity such as a city, county, or state.

Contact a Waukegan Truck Accident Lawyer

Identifying who is liable for your accident is only one step in securing financial compensation for damages after a serious truck accident. You must also provide evidence of the liable party’s negligence, the connection between your injuries and the party’s conduct, and your damages. A Lake County personal injury attorney from Salvi & Maher, L.L.C. can help. Call us at 847-662-3303 for a free consultation today.

Source:

https://www.fmcsa.dot.gov/regulations/hours-of-service