Who is Liable in a Trucking Accident? It Goes Well Beyond the Driver

In most auto accidents, liability or fault usually falls on some combination of the drivers involved. When a commercial vehicle (specifically a truck and trailer) is involved, many other parties outside of the drivers themselves can be held liable for injuries, damages, etc. Who exactly can be liable in these situations? It can be a complicated issue, and that’s why it’s important to work with a reliable truck accident attorney. Identifying liability is a vital part of constructing a case that can get you the compensation you deserve, as there are many parties who can be found at fault in your case. 

The Trucking Company (Carrier)

Many truck drivers own their trucking business as well as the trucks they drive. Other truckers are hired by larger carrier companies to haul freight. These companies, whether owned by the driver or another party, can be held liable in a trucking accident because of the policies they have in place, some of which can lead to dangerous driving habits and other safety hazards. The trucking company itself can be held liable for damages incurred in an accident if it: 

• Does not follow safe driving procedures 
• Forces drivers to be on the road longer than allowed by the FMCSA (Federal Motor Carrier Safety Administration) 
• Hires unlicensed drivers or those with poor driving records 
• Does not properly train drivers  
• Fails to maintain or inspect vehicles regularly 
• Fails to adhere to recalls made by manufacturers of the vehicles they use 

A good truck accident attorney will dig into the carrier company that owns the truck to discover their hiring practices, how well they are keeping up with FMCSA regulations, if their vehicles are up to date and well maintained, and many other areas where they may have been negligent or reckless in their actions.  

The Manufacturer of the Truck and Its Parts

The company who manufactured the truck involved in your accident can also be held liable if it is determined that something was wrong with the functionality or design of the vehicle involved in the accident. Some accidents can happen because of failed parts (brakes, lights, etc.), or because of a design flaw in the truck that increases the risk of accidents.  

Even the part manufacturers can be held liable for damages if it is determined that their specific part is the cause of the accident because of its defects. Determining liability in this area is a complex process that requires engineering and product knowledge, expert witnesses, and special attention to the details of your case. Attorneys who specialize in trucking accidents can help you investigate your case and determine what went wrong (if anything) with the truck as well as who is responsible for the failure. 

Government Agencies or Municipalities

In most cases, it’s the responsibility of the government (local, state, or federal, depending on the road) to maintain the roads for safety purposes . If the roads fall into disrepair, these agencies can be responsible for accidents. Anything from a simple pothole to faded lines, debris, soft shoulders, and other hazards can leave whoever is responsible for maintaining roads (including if the job is contracted out to a private contractor) liable for damages. 

Other Supply Chain Vendors

Many parties touch freight as it moves from point A to point B, including warehouse workers, manufacturers, distributors, and other supply chain entities. Any of these parties can be held liable if they fail to adhere to regulations and best practices when it comes to packaging, loading, and moving freight. As an example, there are times when an accident can be caused by cargo shifting in the back of a truck while in transit. At high speeds, unsecured loads can throw a trailer off balance and cause a truck to lose control. If this is the case, liability can fall on the people who loaded the freight if it is determined that they did not follow proper safety practices when loading and securing the freight in the trailer. 

The Truck Driver

Finally, truck drivers themselves can be held liable if they, at least in part, were the cause of the accident. Drivers can be held liable if they: 

• Did not follow the rules of the road or traffic devices 
• Were intoxicated or under the influence of drugs 
• Were distracted while driving (using a mobile device, etc.) 
• Were speeding or driving too fast in poor conditions 
• Were driving recklessly 
• Fell asleep or were driving while tired 
• Were driving outside of their HOS (hours of service)—the maximum number of hours they are allowed to drive before resting 

Our Attorneys Will Find Who is Liable in Your Case

If you or a loved one has been injured in a trucking accident, our experienced truck accident attorneys can build you a case that gets you and your family the justice and compensation you deserve. Finding fault in a trucking accident is a complex process, but it’s one we have mastered at Eichen Crutchlow Zaslow. We have secured over a billion dollars for our clients, and we’re ready to fight for you. 

There are many ways a trucking accident can harm you and your family, including injury and death, lost wages, pain and suffering, and more. We’ll provide you with an honest assessment of your case, expert advice, and personalized, aggressive representation. We’re here to help and are happy to talk about your case. Get in touch with us today for a free consultation. Call 732-777-0100 or send us a message online today.