Truck accidents are not the same as a car accident. Truck accidents are far more complicated and often involve state and federal regulations. But the biggest challenge is proving liability in a truck accident claim.
Liability is essentially determining who caused the accident; what party is at fault. Holding the correct party responsible for damages is critical to your compensation. Without a clear determination of liability, damages may not be awarded.
You need the experienced legal team of Steven C. Lee & Associates to help you through this process.
Trucking accidents can often involve one than one individual or business entity. For example, a truck driver may be hired through a company that transfers and ships equipment or items, but the driver may also work as an independent contractor without a connection to company. In these situations, the trucker may remain solely liable for the incident.
Knowing these various scenarios is vital for you in seeking compensation. Steven C. Lee will investigate all aspects of your case to determine who is at fault.
Identifying the Responsible Party
In truck accidents, there are several parties that may be liable for your accident.
- Truck Manufacturer: If the truck manufacturer created the vehicle with a defect, this could lead to the cause of an accident.
- Equipment Manufacturer: Another manufacturer that made the tires, ropes or pulleys could have a defect that leads to an accident.
- The Trucking Company: The agency or company that hires the trucker may not perform inspections correctly or routinely leading to negligent accidents.
- Other Third Parties: If the trucking company cuts corners, the employer or company may hold liability in the accident. Then, there are third parties that could have some connection to the collision. The last person is the trucker, and they may possess full responsibility or share it with another party.
The Truck Driver
The truck driver may be fully liable for the accident if they are breaking the law, having an operational issue with the truck, distracted while drive, or consuming drugs or alcohol. It may also be the driver’s fault if they are driving long hours in a single trip, driving at night, drowsy driving or experiencing a health conditions/issue. In most cases, the truck driver is to blame.
The Trucking Company
The company that hires a truck driver may also be the responsible party. But proving this can be difficult as it must be proved that an inspection was incomplete, the company was cutting corners around safety, pushing drivers to work longer hours, etc. Some of our investigations have revealed that trucking companies share liability in incidents due to faulty equipment or cutting corners to shorten delivery times.
The Owner of the Truck
In some cases ,the trucking company does not own the truck but uses it and provides the vehicle for a trucker. In these cases, the owner may hold liability in a trucking incident. The owner of the truck must maintain the truck and keep in safe working order. There are federal regulations that govern the inspection and maintenance of commercial trucks. If these steps are not followed, the owner of the truck can be liable.
The Cargo Loader
Truck accidents can also be caused by the cargo loaders, For example, the loader did not fully inspect the cargo or did not secure it properly. In these incidents, the cargo loader may be fully liable for causing the accident.
Determining liability is complicated and requires an experienced legal team that understands every aspect of trucking accidents.
At Steven C. Lee & Associates, we have extensive experience investigating and litigating complex commercial trucking accident claims. We understand the tactics used by insurance companies to try to complicate matters and their strategies to reduce or deny your claims. We are here to help you. Give us a call today!