Truck accidents can involve multiple parties that may contribute to the accident and be held legally responsible for it. Who can be held responsible for a truck accident depends on various factors, including the role of each party, the location of the accident, and the circumstances surrounding the accident.
An experienced Carlsbad truck accident attorney from the Miller & Steele Law Firm can investigate your case and determine which of the following parties can be held liable for your injuries:
Truck Drivers
The first party you might turn to for responsibility is the truck driver. After all, many truck accidents occur due to driver error, such as:
- Making turns that are too wide
- Failing to check blind spots before switching lanes or merging
- Running red lights or stop signs
- Driving on roads not intended for trucks
A truck driver’s faculties could also be compromised because they are fatigued, drunk, or under the influence of drugs. They could be distracted by GPS devices, CB radios, or cell phones. They could also be unaware of or ignore trucking regulations, such as failing to check the load during transit or disregarding weight restrictions.
Trucking Companies
Truck drivers may have less insurance than the truck companies that hire them, so you might naturally turn to trucking companies for coverage for serious injuries. Trucking companies are responsible for the negligence of the truck drivers they hire, regardless of whether the driver is a direct employee or an independent contractor of the trucking company.
Additionally, trucking companies can contribute to accidents by:
- Using negligent hiring practices, which results in hiring dangerous, unqualified, or inexperienced drivers
- Failing to provide adequate training to drivers
- Violating state and federal trucking regulations
- Failing to maintain their vehicles
- Failing to give drivers the required drug and alcohol testing
Cargo Shippers and Loaders
Other companies may be responsible for loading and unloading cargo. If this job is not performed correctly, the truck can be overloaded, or cargo could shift during transit. This can cause the truck to tip over or jackknife. In such situations, third parties that provide cargo loading services can be held liable for the accident.
Truck Owners
Sometimes, truck drivers or trucking companies may not own the truck. They may lease it from someone else. In these situations, the owner may be responsible for maintaining the truck. If the accident occurs due to blown tires, faulty brakes, or other mechanical issues, the truck owner could be held liable for the accident.
Truck Manufacturers and Parts Makers
If a truck part fails, the manufacturer of the defective part or truck can be liable for the accident.
Contact an Experienced Truck Accident Attorney to Determine Who Is Responsible for Your Injuries
An in-depth investigation is often necessary to determine who is responsible for a particular accident. Our experienced accident legal team in Carlsbad can deploy an investigative team to visit the accident scene, send spoliation of evidence letters to preserve valuable evidence such as onboard cameras, electronic logging devices, and black box data, and work with accident reconstruction experts to determine how the truck crash occurred.
If you’ve been injured in an accident involving a commercial truck, contact the Miller & Steele Law Firm for legal assistance. We offer free, no-obligation consultations so you can learn more about your legal options with no risk.