Whether or not a truck driver is responsible for the accident will depend on specific factors in your case. When it comes to liability, a truck accident lawyer needs to investigate your case to find out who is liable for the truck accident: the employer, the driver, the cargo loaders, or the manufacturers of the truck or its parts.
When The Employer Is Liable
The company that employs the truck driver could be held liable for the accident if they failed to take certain steps or consistently broke hours of service regulations set forth by the Federal Motor Carrier Safety Administration. The employer can be held liable in these situations:
- If the truck company hired a novice driver but provided little to no training
- If the employer forced the driver to work more hours in a day or a week than is legal and encouraged them to lie in the logbook
- If the employer was negligent in maintaining the truck to ensure it was safe and roadworthy
When The Cargo Loaders Are Liable
The crew who loaded the cargo onto the truck could be at fault if the cargo was not securely fastened before transit, causing it to move around or break loose. Loose cargo can injure individuals and damage property. If it is discovered through an investigation that they did not ensure that the load was safe and that the shifting cargo and weight distribution led to your injuries, then they will be held liable for your damages.
When The Truck Driver Is Liable
Truck drivers are responsible for maintaining their truck and ensuring that it is safe and roadworthy. They must also take their legally required breaks and abstain from drugs and alcohol while behind the wheel. The truck driver can be held responsible for an accident if:
- They did not thoroughly inspect the rig to ensure that it was well-maintained and that cargo was loaded properly
- They were speeding at the time of the accident
- They were fatigued at the time of the accident
- They were not abiding by traffic laws at the time of the accident
- They were drunk or using drugs at the time of the accident
When The Truck Manufacturer Is Liable
If your investigation shows that the fault laid in the brake system or a faulty power steering system, for example, or if an investigation conducted by your attorney turns ups that the manufacturer has a history of recalls, then the manufacturer may be held liable for the injuries those faulty parts caused.
In some cases, a secondary manufacturer is held liable for injuries caused by defective products used in the manufacturing process or to load cargo. If a third party has sold the defective manufacturer belts, pulleys, forklifts, or other equipment, then your attorney will fight for them to be held accountable and to compensate you for your damages.
Call An Attorney Now
One of the most important reasons you should talk to an attorney is because they will conduct an investigation for you using their resources and experience to determine who is liable for your accident. Determining liability is a complex process, but an attorney who has been practicing personal injury law for many years will be more equipped than you to establish who is accountable. In addition, you can review this personal injury guide to better understand how it works.
We hope you found this blog post on Are truck drivers responsible for damages? useful. Be sure to check out our post on Is Truck Driver Negligence Easy To Prove In Court? for more great tips!
Have Experience in the Moving Industry? Want an Additional Income Stream? Work With All Around Moving!
If you want to apply your expertise in the moving industry, team up with us and we’ll help you make money. Click here to learn more.