Who Is Responsible for Truck Accidents?

Ever wondered with whom the truck accident liability lies? These accidents which are often life-changing, lead to several serious injuries. Additionally, these accidents can result in costly medical bills and even wrongful deaths.

And TBH, considering their sheer size and weight, it is only obvious that trucks are more dangerous than regular passenger vehicles. Therefore, accidents involving them can be much more catastrophic.

However, knowing who is responsible for a truck accident can be complicated. This is because multiple parties may be involved in the accident.

If you have been injured in a truck accident, truck accident lawyers in Chicago can help you understand the different factors that could contribute to the incident.

Ultimately, determining liability in truck accident cases is a very important step. It helps to ensure that you receive the compensation you need to pay for your medical bills and lost wages.

But how do you do that?

Hi. In today’s blog, this is something that I will be explaining. In this article, I will explain who is responsible for a truck accident and how you can get the compensation that you need.

So, if you want to know more about it, keep on reading this blog till the end, and thank me later…

Truck Accident Liability: Various Parties May Be Responsible for Your Truck Accident

Truck accidents are often caused by a combination of factors, and multiple parties may share in the responsibility.

Whether it’s the truck driver, the trucking company, or the manufacturer, understanding accident liability for your injuries is important. It ensures that you can hold all responsible parties accountable.

The Truck Driver

The first and the most obvious party that is responsible for the truck accident is the driver. In many cases, drivers are responsible for accidents due to actions such as:

• Driving carelessly or recklessly: Making dangerous lane changes, speeding, or running red lights can all result in serious collisions.
• Driving while intoxicated (DUI): A driver’s reaction time and ability to make decisions can be greatly impacted by alcohol or drug impairment.
• Fatigue: Due to the constant strain to fulfill deadlines, truck drivers may drive drowsily. Driving while fatigued is just as risky as driving while intoxicated or under the influence of drugs.

You may hold a truck driver accountable for the injuries and damages if their actions caused the collision.

The Trucking Company

Secondly, what a lot of people do not know or think about is the fact that the trucking company might also be liable. They are the ones who employ the driver and may also be responsible for a truck accident. Interesting, right?

You see, according to law, companies need to ensure that their drivers are properly trained and adequately rested. Additionally, it is their responsibility to ensure that the driver has followed all safety regulations.

So, if a trucking company fails to adhere to these responsibilities, you can hold them liable for the accident.

You might not believe it but there are certain cases where the trucking companies contribute to accidents. How? Well, by pushing their drivers to work beyond the regulated hours.

If that is the case, then you can charge them for violating the Hours of Service regulations. This limits the number of hours a truck driver can be on the road without rest. Moreover, it is in place to prevent accidents that result from fatigue.

A trucking firm may be held liable if it promotes or overlooks infractions of these rules. Furthermore, a transportation business could be held accountable for:

• Inadequate Maintenance: To guarantee safe operation, trucks need to have regular maintenance performed. A trucking company could be held accountable for accidents if it fails to fulfill this obligation. Usually, technical issues like tire blowouts or braking problems cause these incidents.
• Insufficient Training: The trucking firm may be held partially liable for an accident if a driver has not received the necessary training or is not certified to drive a commercial vehicle.

The Truck Manufacturer

Thirdly, in some cases, the main responsibility for the truck accident lies with the truck manufacturer or the manufacturer of a truck’s parts. This is why they can also be liable for accidents.

If an accident occurs due to a defective truck or a failure of a key component, law enforcement will find the manufacturer responsible under product liability laws.

Defects that could cause a truck accident include the following:

• Brake failure: When a truck’s braking system malfunctions, it may be unable to stop it in time, which could result in collisions.
• Tire blowouts: A major collision may result if the truck’s tires malfunction and fail while it is traveling.
• Engine issues: Unexpected breakdowns or a loss of vehicle control may arise from issues with the engine or other important parts.

Maintenance Contractors

If the trucking company outsources vehicle maintenance to a third-party contractor, that contractor may also bear some responsibility in the event of an accident. 

Truck maintenance contractors are responsible for ensuring that commercial vehicles are in good working order before they are driven on the road.

For instance, let’s say that improper maintenance (failing to fix faulty brakes or inspect tire pressure) caused the accident. In that case, the accountability for the accident lies with the maintenance company.

The Shipper or Cargo Loader

Next on the list is something that most people could have already guessed. One of the main contributing factors to truck accidents is improperly loaded cargo.

The truck may become unstable and collide if the load’s weight is not adequately balanced or fastened.

Furthermore, because of the additional strain they put on the vehicle, overweight vehicles are more difficult to maneuver and may result in collisions.

If there are accidents brought on by incorrect loading or problems with the cargo, the person who loaded the truck—typically the shipper or cargo loader—may be held accountable.

Other Drivers

Next, we have other drivers. Now, while it might feel a little confusing in the beginning, let me explain what I mean to say by this. You must have seen how cars and bikes are trying to take cargo or trucks on the highway, right?

Well, there are cases when these other vehicles are the primary reason for the truck accident. In other words, the other motorists contribute to accidents by making unsafe lane changes.

Furthermore, they tailgate or cut off trucks. In these instances, you can hold the other driver(s) liable for the accident.

Government Entities

Finally, in some cases, government entities may also be partially responsible for truck accidents. For example, let us say that the main reason for the truck accident was not the truck but the condition of the road.

In a case like that, there is no one else that we can blame other than the government. So, if poor road conditions, such as potholes, faulty traffic signals, or improperly marked lanes caused the accident, the responsible government agency may be liable.

Truck Accident Liability: Who Can Help You in Truck Accidents?

While it can be more challenging to pursue a claim against a government entity, it is still possible. All you need to do is get the help of experienced Chicago Personal Injury Lawyers.

These are the legal experts who can help you understand the legal requirements for filing claims against public agencies.

The right truck accident lawyer can help you in several ways. For instance, they can take care of identifying who is liable for the accident and file insurance claims. Additionally, they can also investigate the case for further evidence.

Truck Accident Liability: Proving Negligence in a Truck Accident

Just like in the case of any other vehicle accident, you must provide negligence even in a truck accident. This is the best thing that you can do to get the compensation that you need.

This proof needs to establish that the injuries of the victim were a direct result of the negligence of the truck driver.

Additionally, your lawyer needs to prove the following things:

• The trucking company, the driver, as well as the third parties, owe you the duty of care,
• The driver, the company, and the third parties did not meet the duty of care that they owed to you after the accident.
• The injuries that you are facing are a direct result of these actions.
• There were several damages that you have to deal with because of the accident and their lack or absence of accountability.

These are some of the many things (but the most important ones) that you need to prove to get compensation after a truck accident.

Finding a Truck Accident Lawyer: How to Find the Right One?

Now that you know about determining truck accident liability and causes, you need to choose a lawyer the right way.

There are several things that you need to prioritize when selecting the lawyer for your case. For instance, you need to as their track record, know about their speciality, and other things.

Here are some of the things that you need to keep in mind when you are choosing a lawyer:

• Relevant Experience: You cannot simply choose a lawyer because of their experience in the legal world. For instance, you cannot choose a criminal lawyer to represent your truck accident case in court. Your lawyer needs to have relevant experience in the same field.
• Reputation: The track record of a lawyer speaks volumes. Therefore, you must research the past cases of the lawyer. These should include the settlement amount as well as the verdict that they have achieved.
• Size of the Law Firm: There are different types and sizes of law firms available in the world. When choosing your lawyer, it is best that you decide whether you want a big law firm that will provide you with specialized investigators and extensive legal resources.
• Fee Structure: The aftermath of an accident involves a lot of money. Hence, it is best to discuss the monetary structure with the lawyer. Most personal injury lawyers work on either an hourly rate or a contingency fee. So, discuss and choose them accordingly.

These are just some of the many things that you should keep in mind while choosing a lawyer. Ultimately, it is best to stick to one who can make you feel comfortable and communicate well.

Read Also:

• What to Expect During a Bicycle Accident Lawsuit: A Step-by-Step Breakdown
• What To Ask A Car Accident Lawyer During Your First Consultation
• What is the Role of an Expert Witness in a Car Accident Trial?