When you are searching about truck accidents, the first thing you should know is that it is far different from the usual crashes that involve only passenger cars.
It is because a trucking company generally employs truck drivers who are involved in the wreck.
Being the employer of the truck driver of the crashed truck, the trucker company, which is also called a carrier, might bear legal responsibility for the action of the truck driver along with the safety of the trucks it owns.
Apart from the carrier and the truck driver, a number of other parties might be liable for a truck accident.
In case any of your loved ones has been injured in a truck accident, you can expect to require an independent investigation of the crash to evaluate who should be held liable for the accident and eventually your injuries along with other losses.
This is why you must opt for one of the best Truck injury attorneys in las vegas, NV.
Only an experienced legal professional will be able to find out the responsible party and get fair compensation from them. Although the legal professional will get you all the information you need, still you should know who can be held liable after a truck accident.
Here, in this article, we will talk about that only.
Parties That Can Be Held Liable After A Truck Accident
Whenever a truck accident takes place, it requires a thorough investigation in order to determine what actually has happened and why it happened.
After conducting a complete review of the evidence pieces, it can be found that one or more parties should be held accountable for the truck accident. The parties can be held liable individually or all together.
1. Truck Driver
A truck driver might have caused the accident due to negligent behaviors like the following.
Also, there could be a criminal charge pending along with a conviction. In order to make sure the cargo is properly maintained and lost, it is crucial to inspect the rig. And this responsibility is of the truck driver.
In case there is any maintenance problem, or the cargo shifts contribute to truck accidents, the driver might be held partially responsible for the crash.
The carrier or the trucking company holds the responsibility of putting the trucks and truck drivers on the road.
With this comes the accountability of hiring and training practices that might be a problem in case the company employs those who have driving or any type of FMCSA rule infractions on the records of them or company records never indicate proper training.
In some cases, the employee interviews or a carrier’s records indicate that the company pushes employees to save money, and that too by cutting corners on FMCSA HOS or hours of service limits or inspection and truck maintenance requirements.
3. Cargo Shipper And Loader
There are also some carriers that work as contractors for shipping cargo for other companies. These companies might transport cargo, which is completely sealed the entire time they handle them.
The individual parties always follow a certain arrangement.
- The cargo.
- The originator.
- The shipper.
- The loader.
- The transporter.
Every one of them is responsible for applicable state and federal regulations. And in case any negligence is seen, they will be held liable.
In case a truck accident is nothing but the result of a cargo shift or other types of problems with the cargo, the records from every party that is involved with the cargo along with the carrier have to be examined and subpoenaed.
4. Other Vendors
On the basis of the size of the operations of a carrier, there might be a number of vendors which take on outsourced work.
This might involve administrative works like the following.
- Recruiting drivers.
- Conducting background checks.
- Running alcohol and drug tests.
- Any part of fleet operations.
- Any type of truck maintenance, repairing, and dispatching.
There are also many companies that work with brokers to find cargo shipments for their trucks. A third-party vendor might also be held responsible in case their negligence results in a truck accident.
5. Truck Manufacturer And Parts Makers
Many truck accidents are the result of the truck or any of its component parts failing, for example, brake failures, tire blowouts, problems with coupling systems, or steering. All these can be some sort of maintenance issue.
However, in case the failed system or part was defective from the beginning, a product liability claim might ask to hold the distributor and manufacturer accountable.
6. Government Agencies And Constructors
Suppose a truck accident, like rollover, has taken place as a result of roadway hazards like a broken pavement or soft shoulder. In that case, the state or the local government will be held responsible for that stretch of highway and might be held responsible.
If the government has hired a negligent maintenance contractor, the party will be liable in case the work they have performed results in a problem, or a set-up work zone of them contributed to a crash.
Multiple Parties Caused The Truck Accident
Till now, you have read about who can be held liable for a truck accident. Now, let’s get an idea of what the procedure will be in case more than one party causes a truck accident.
In case the investigation shows that a number of parties might be held liable for a truck accident, the victims might be able to maximize their compensation for their losses. It is done through multiple claims.
Through the insurer and the legal team, a carrier will work fast in order to close out any potential claims, and that too in a severe wreck. Sometimes the settlements offer settlements quickly, which seems to be generous.
However, accepting a settlement even before the truck accident has been completely investigated by an independent and experienced team might mean you have agreed to far less than what you actually deserve.
This way, you will sign away your right to ask for more unwittingly.
This is why you need an experienced and knowledgeable truck accident attorney who will be able to take care of your compensation properly and will ensure that you are not getting anything less than what you truly deserve.