In law, liability is a claim on the assets of a business’s or an individual’s property based on their responsibility to act with reasonable care. If they fail to act with care, they can be financially responsible for the consequences.
When commercial truck accidents occur, they tend to be more complicated than passenger car accidents. Several parties may be involved, including the truck driver, the truck driver’s employer, the truck’s manufacturer, etc. This tends to leave everyone wondering ‘who is legally liable for the accident?’
The truck accident attorneys at Braker White are here to help determine who is liable in your truck accident case. Below is a brief outline of how we help determine liability through investigation, and which parties tend to be found liable.
Investigating a Truck Accident
Investigating a truck accident requires collecting evidence from various sources, including evidence from the accident scene, police reports, the condition of the vehicles involved, and data from the truck’s “black box” data recorder. In some situations, forensic analysts may be brought in to reconstruct the accident and interpret the events that led to the incident.
Investigators may also check the trucker’s activity logs to make sure the driver is observing appropriate driving time and taking the necessary breaks for rest and sleep. They’ll also likely review the trucking company’s records and witness statements.
Who is Commonly Found Liable in Truck Accident Cases?
Several parties may be liable for a truck accident. Determining who is liable in a truck accident case requires detailed investigation. Parties commonly found liable in truck accident cases include:
- The truck driver. A driver may be liable because of drowsy or distracting driving, speeding, or driving under the influence. If a maintenance issue or cargo issue contributed to the accident, the trucker might be partly responsible.
- The trucking company. A trucking company is responsible for its trucks and drivers, including proper training practices, hiring qualified drivers with clean records, and encouraging drivers to adhere to hours-of-service limits.
- Cargo contractors. Some trucking companies are shipping contractors for other companies. In these cases, individual parties like the shipper, loader, and transporter are responsible for compliance for their part of the shipment. If any of them were careless, such as having improperly secured cargo that led to a shift in weight causing an accident, they may be held liable.
- Vendors. Some trucking companies use outsourcing to recruit drivers, complete background checks, conduct drug, and alcohol screenings, or maintain the truck and its parts. If any of these vendors were found to have been acting carelessly, they may be held liable.
- The truck manufacturer. If the truck or one of its components experienced a mechanical failure from a defect, such as a brake failure or a tire blowout, the manufacturer may be held liable.
- Governments and contractors. If the accident was caused by poor road maintenance or roadway design, such as broken pavement that resulted in a rollover, these parties may be held liable.
Braker White Can Help You With Your Semi-Truck Accident
If you were injured in a truck accident in Odessa, TX, having an experienced lawyer on your side can help you get the money you need to recover and move forward. Braker White has extensive experience handling commercial truck accident claims. We will fully investigate your accident, helping you seek the maximum compensation you deserve for your losses. Call 432-580-5421 or fill out our online form to get your free case review today!
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