Following a trucking accident, one of the most common questions that individuals may have is, “who can I file a lawsuit against?”
Unfortunately, there are several complexities to consider when it comes to filing a truck accident lawsuit and there are multiple parties who may be considered accountable for the injuries sustained. It’s important to understand who is liable.
CAN A TRUCKING COMPANY BE FOUND NEGLIGENT?
The trucking company can be considered negligent in numerous situations. For instance, if the trucking company encourages the driver or another employee to violate the various regulations and that action causes harm, the trucking company may hold a share of the accountability.
A trucking company may also be held accountable if they own the trucks in their fleet and fail to properly inspect and maintain the vehicles. This includes ensuring brakes are not worn, brakes are aligned, tire tread and pressure are adequate, and more.
WHEN IS A TRUCK DRIVER NEGLIGENT?
A truck driver is considered negligent when they do something to cause the crash. This is including, but not limited to the following:
- Driving while under the influence of drugs or alcohol
- Lying on driving logs and operating the vehicle longer than allowed by federal regulations
- Driving while texting or talking on the phone
Truck drivers are considered professionals. They are looked at as such and held to a higher standard. Unfortunately, they don’t always act in such a way and should be held accountable when they cause harm.
WHO ELSE CAN BE LIABLE?
Trucking employees responsible for loading the cargo into the trailer can be held accountable if they overload a trailer or load it in an uneven manner. This can cause the truck to jackknife or overturn, resulting in potential dangers for others on the road.
Manufacturers may also be held accountable should they produce gear or parts for the truck that are considered defective. Trucks rely on these parts to be safe and when something breaks or doesn’t work properly, the manufacturer may be held accountable.
Call our truck accident lawyers at Hare Wynn today: (855) 997-9319.