If you have been injured in a truck accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. But, in order to pursue a personal injury claim, you will need to determine who is liable. There are many parties that could be held liable for truck accidents, including:
Truck drivers may be held liable under certain circumstances. For example, if the accident was caused by driver error, or was due to the driver being distracted or under the influence of alcohol, he may be held liable for any injuries that occurred as a result.
Trucking companies can be held liable for a number of reasons. First, if the trucking company did not properly train the driver prior to sending him on the road, the company may be partially liable. Companies can also be held liable if they fail to adhere to federal trucking regulations. For example, if the accident occurred because the company failed to properly inspect the vehicle, or because the driver was overscheduled and tired, the company may be liable for your injuries.
In most cases, the company will be held liable even if the accident was entirely the driver's fault. This is because of the legal doctrine known as " respondeat superior ," which means "let the superior answer." Under this doctrine, employers are typically held responsible for their employees' actions as long as the employee is performing his job duties at the time of the accident.
Some accidents are caused by defective parts. If a malfunctioning part causes an accident, the manufacturer of the defective part could be held liable. For example, let's say the truck's brakes fail and the truck collides with a vehicle because the driver is unable to stop. If it is determined that the brakes malfunctioned because of a design or manufacturing defect, then the manufacturer may be liable.
Whoever loads the cargo on the truck must ensure that the weight of the cargo is evenly distributed. If it's not, the driver may not be able to control the truck. The shipper or company that loads the cargo onto the truck may be held liable if the accident was caused by cargo that was not loaded properly.
It's important to note that more than one party may be liable, which makes these cases even more complex. Luckily, a personal injury attorney can investigate the accident to determine who should be held responsible for your injuries.
If you have been injured in a truck accident, get in touch with a personal injury attorney right away. James Rush at Rush Injury Law will investigate the cause of the accident to identify the liable parties. Then, he will fight tirelessly to help you recover the compensation you deserve. Contact us today by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com to request a free consultation.