A regular driving routine can turn into a calamity, like a sudden crash, which translates into severe injuries, hefty vehicle damages, and more. As you proceed further to pay the bills for your overall loss, you will be wondering who is liable for the truck accident.
Though the answer to this question can be complex, the cause of the accident can sometimes involve multiple parties rather than truck drivers alone. This indicates that determining liability demands a careful assessment of the factors surrounding the accident. Maintenance duties, hiring and training of drivers, safety regulations, and more are essential to examine when you are seeking compensation for your loss.
Reputed law firms, such as Lorenz & Lorenz truck accident lawyers, can assist victims in determining liability and obtaining fair compensation for their losses.
Parties Considered Liable For A Truck Accident
When a truck accident occurs, it is often assumed that the truck driver is responsible for the consequences. However, a thorough review and evaluation by the lawyer or legal authority may indicate that other parties are more likely to be liable for the injury and other losses.
Truck Drivers
Truck drivers are obliged to follow driving regulations and must have a commercial driver’s license. Additionally, truck drivers in the United States must follow rules stated by the Federal Motor Carrier Safety Administration (FMCSA).
Usually, truck drivers are considered liable for the accident if they are found practicing activities like:
- Texting while driving
- Distracted driving
- Aggressive driving, unsafe lane changing, or other dangerous maneuvers
- Driving in fatigue or sleeping amid the drive
- Exceeding the speed limit
Truck Company
Truck companies are responsible for the vehicles and drivers they deploy. Companies need to implement a system that promotes safety and follows all the regulations.
For instance, if a truck company’s actions (pressuring drivers to cut corners on FMCSA hours of service, speed limits to increase profits, and more) have violated the law that usually protects drivers and other road users. In such circumstances, a truck company can be liable for damages after an accident.
A truck company can be found liable for accident loss if it neglects a few regulations:
- Deploying unqualified drivers
- Failure to maintain trucks
- Encouraging dangerous driver behavior, such as speeding up to meet schedules and more.
- Allowing drivers to drive trucks without vehicle papers and licenses.
Truck Owner
Sometimes, truck companies rent trucks from other parties to perform their vital tasks. Hence, truck owners can be liable for accidents if they are found to have neglected the necessary rules and regulations for the damage.
Truck owners are usually responsible for a few factors, like:
- Protecting engine functions
- Additional truck safety
- Replacing worn-out tires
Other Parties
In a few circumstances, other parties can be at fault, which leads to a truck accident.
- Third-party drivers: Practicing dangerous conduct like illegal turns and more
- Shipping companies: Accident caused due to incorrectly loaded materials
- Truck manufacturers: If a certain defective design or truck’s part causes the accident
Legal Steps For Determining Accident Liability
Legal Consequences
The responsible party pays for the damages from the accident, which cover medical costs, lost wages, and non-economic damages. Hence, seeking an attorney’s guidance is important to obtain the right compensation at the right time.
Insurance Coverage
Insurance liability protects parties who suffer from the loss in a truck accident. While the liable party compensates victim individuals via insurance coverage. However, insurance companies try to minimize compensation to protect their bottom lines.
The terms of an insurance policy often state the amount that a victim can recover from the loss. Often, a truck company is advised to obtain higher insurance coverage than the standard as there is a high risk of damage via large vehicles. Additionally, the affected party receives entire compensation in exchange for the loss if the truck company is proved to be liable.
Get In Touch With An Experienced Attorney
Struggling with injuries and losses, determining liable parties, and managing insurance coverage simultaneously can be overwhelming for the victim party. To ensure you get compensation and protect your rights with accurate evidence, you need a legal team to deal with the truck accident case.
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