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Determining Liability in Truck Accident Claims

Michael James

There were 523,796 large truck accidents in the United States in 2021, a more common occurrence than might be expected. Results can be devastating, from severe injuries to fatalities.

Personal injury law allows those injured in truck accidents to receive damages compensation for medical expenses, lost earnings, and pain and suffering.

To ensure a fair settlement, it’s essential to accurately determine who was at fault for causing the accident and who should be responsible for the injured party’s losses.

Determining Liability in Truck Accident Claims 1

How is liability determined? It’s advisable to consult an experienced legal professional like this truck accident attorney in Dallas to understand the details.

Driver Liability

The law places a legal duty of care upon drivers which requires them to safely operate their vehicles and obey the rules of the road. A violation of these laws will constitute a breach of this duty and introduce the element of negligence into the case. A truck driver whose negligent actions are found to have caused the accident will generally be held liable.

This may include actions such as speeding, going through a red light, or driving while intoxicated.

Trucking Company Liability

There may be instances where the trucking company will be held responsible, either fully or in part, for the accident. For example, they may need to provide adequate training to the driver or properly inspect or maintain the vehicle before use.

Truck accidents occuring more frequently in some segments of the industry..
Truck accidents occur more frequently in some segments of the industry.

Liability may also be attributed to a trucking company if they were non-compliant with certain federal safety rules and regulations that aim to enhance truck safety and prevent accidents, such as those outlined by The Federal Motor Carrier Safety Administration (FMCSA).

Third-Party Liability

With the trucking company and the truck driver, other third parties can also be held liable in a personal injury accident claim. This is often the case where the manufacturer of certain parts or components is found to be responsible for a defect or malfunction that caused or contributed to the accident.

In this case, they may be vulnerable to a product liability claim. Other potential third parties in a truck accident claim include retailers, distributors and maintenance companies whose negligence in properly inspecting the vehicle may have caused the accident.

Improperly Loaded Cargo

Improperly loaded cargo has the potential to cause serious injuries and death. Examples include unsecured cargo that falls onto the road causing accidents or dangerous materials to spill out and unstable cargo that causes the truck to skid, change lanes, or roll over causing injuries to the driver and other road users.

In these situations, those responsible for the loading of the cargo, like the freight company, shipper, or trucking company may be at fault for an accident. Determining which party is liable in a truck accident claim is often a lengthy and complicated process that requires careful examination of the evidence to ensure a fair outcome for the injured parties.

Determining which party is liable in a truck accident claim is often a lengthy and complicated process that requires careful examination of the evidence to ensure a fair outcome for the injured parties.

Article Last Updated: October 19, 2023.

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