Understanding Liability in Truck Accident Claims
When a truck accident occurs, it’s vital to understand who can be liable for the damages when pursuing compensation. Although it may be evident that the truck driver was at fault, there are other instances where multiple parties could be involved. Here's what you need to know.
Which Parties Can Be Held Responsible for a Truck Crash?
In addition to the truck driver, other entities can be held responsible for a truck accident. These include but are not limited to the:
- Truck manufacturer
- Truck parts manufacturer
- Trucking company
- Cargo loader
Let's take a closer look at each one.
The Truck Manufacturer
The truck manufacturer can be held liable if there is a defect in the design or manufacturing of the truck. For example, if the brakes or steering system was not installed properly, the truck manufacturer can be held liable if these components failed and caused the accident.
The Truck Parts Manufacturer
Manufacturers have a legal obligation to ensure that their products are safe to use.
If there is a defect in a particular part of the truck, such as the engine or tires, the manufacturer of the part can be held liable for causing the accident.
The Trucking Company
The trucking company can be held liable if it failed to maintain the truck properly or did not follow federal and state guidelines. For example, if the company did not conduct regular maintenance on the truck or if it allowed the driver to work excessive hours, causing driver fatigue, it can be held responsible.
If the cargo is not loaded correctly, it can shift during transport and cause an accident. The cargo loader can be held liable if the negligent loading of cargo led to an accident.
Other parties could potentially be held liable for a truck accident. These include the truck owner, the leasing company, and the shipper of the cargo. If any of these parties were negligent in their duties, they could be held liable for the accident.
An experienced truck accident lawyer will investigate all aspects of the accident to determine who is at fault and how to hold them accountable. If you or someone you love has been involved in a truck accident, contact an experienced truck accident lawyer today to discuss your case.
Steps To Take When Pursuing a Truck Accident Claim
Knowing who may be held liable for the damages is crucial when you are involved in a truck accident. Here are a few steps to take when pursuing a truck accident claim:
- Obtain a police report. Police reports are inadmissible as evidence. However, having a police report handy can help you remember specific facts related to the accident, such as how the accident happened, who was involved, weather conditions, etc.
- Gather evidence from the scene of the accident. This can include photos or videos of the damage, witness statements, and your account of what happened.
- Get help from a truck accident lawyer. Determining fault in a truck crash on your own is challenging. It's essential to speak with an experienced attorney who can help investigate the accident and gather evidence to support your claim.
Contact Our Truck Accident Lawyers Today
Each case is unique and will require a thorough investigation to determine who is at fault. An experienced personal injury attorney will be able to review the facts of your case and help you pursue the compensation you deserve. When you need legal representation for injuries sustained in a truck accident, Caputo & Van Der Walde LLP is here to help. We're ready to protect your rights.
To schedule a free consultation with a member of our legal team, call us at (800) 900-0863.