Determining liability in the aftermath of a truck accident is an important step toward seeking the financial compensation you deserve. Accidents with large commercial trucks can involve multiple parties, complicating the situation when it’s time to determine who was responsible for the crash. Having an experienced truck accident lawyer on your side can provide you with the guidance you need.
If you or someone you love has been involved in a truck accident, you deserve the opportunity to hold the responsible party accountable and pursue the compensation you need to ease your physical and financial burdens. With the help of a knowledgeable truck accident attorney, you can have confidence that your case is in strong and capable hands. Contact our Bellingham truck accident lawyers today to schedule a consultation to discuss your situation.
Overview of Truck Accidents
Though any traffic accident can be harrowing and dangerous, truck accidents carry unique risks in terms of physical injuries and property damage. Due to the size, weight, and speed of large commercial trucks, truck accidents are among the most dangerous types of truck crashes on roadways.
In addition to the unique risks posed by truck accidents, there are often more complex liability options in such accidents. Understanding these complexities is vital when seeking compensation after a truck accident. Hiring the right lawyer to lead the way in your truck accident claim is the first step, and your attorney can explain each part of the process.
Potentially Liable Parties
Finding the responsible party (or parties) in truck accidents can be complicated. In some instances, multiple parties may share different parts of the blame for the accident. Some of the potentially liable parties in a truck accident include:
- Truck Drivers
- Trucking Companies
- Vehicle Manufacturers
- Cargo Loaders & Shippers
- Third-Party Vendors
- Other Vehicle Drivers
An effective truck accident lawyer can help identify all potentially liable parties and guide you through each phase of the process to seek compensation for your injuries and damages.
The Truck Driver
The truck driver is often the initial party investigated following a truck accident. Liability on behalf of the truck driver can result from a variety of factors, including fatigue, distracted driving, speeding, and driving under the influence of drugs or alcohol. Though commercial truck drivers must adhere to strict regulations regarding the number of consecutive hours they can spend behind the wheel, stressful conditions and tight deadlines can sometimes lead to drivers feeling pressure to remain on the road in violation of regulations and against their better judgment.
Negligence
Negligence on the part of a truck driver can take on many forms that may lead to the driver being the party determined to be primarily responsible for the accident. To establish negligence on the part of the driver, it must be proven that the driver breached their legal duty of care and that this breach of duty directly led to the accident and the damages you have suffered. If the truck driver was exceeding the speed limit, under the influence, using their cell phone while driving, or failing to adhere to regulations, your lawyer will work to gather evidence to support your claim.
Violations of Regulations
If a truck driver violates the stringent regulations put in place to govern the trucking industry, it can significantly impact liability in an accident. All drivers and trucking companies must comply with hours of service rules, prohibition of substance abuse, and other regulations. Failure to do so opens the driver and/or the trucking company to liability. Demonstrating that such breaches of regulations caused your accident can be key to holding the responsible party or parties accountable. Obtaining evidence such as logbooks, drug test results, and other data can be helpful for such a claim.
The Trucking Company
In addition to the truck driver, the trucking company that employs the driver may be liable in certain situations involving the company’s vehicles. Trucking companies bear a legal duty of care to maintain safe operations, including adhering to proper hiring practices, providing adequate training for drivers, and performing maintenance and inspections on all trucks. Accidents can result when trucking companies fail to enforce appropriate policies and follow proper practices. Such a failure can also lead to victims suffering severe physical and financial damages. Working with your experienced truck accident attorney, they can determine if the trucking company bears some liability for your accident.
Employer Responsibility
The employer of a truck driver carries a significant amount of responsibility for the actions and performance of its employees. It falls under the legal principle of vicarious liability, meaning employers can be held accountable for accidents caused by their employees while performing work-related activities. Trucking companies can protect themselves by hiring qualified drivers, providing appropriate training, and ensuring all drivers adhere to proper practices while on the road. When trucking companies fail to uphold this responsibility or do not adhere to governing regulations, they can be held liable for accidents that result.
Maintenance & Inspections
Proper maintenance and frequent inspections of all company vehicles are required for trucking companies to comply with applicable safety standards. Failure to perform such maintenance or correct potential mechanical issues can be a major source of accidents, leaving the trucking company liable for damages. Neglecting to perform regular inspections can lead to tire blowouts, brake failure, or other catastrophic issues that cause crashes. All maintenance and inspections should be documented and tracked; if a company does not, it can be difficult to defend itself from a strong accident claim.
The Truck Manufacturer
Commercial truck manufacturers may be liable for accidents if it is determined that the vehicles had defects that resulted from flawed design or assembly issues. If a truck manufacturer produces a faulty vehicle or fails to uphold proper quality control standards, the truck itself can cause a severe accident. In such cases, the manufacturer may be held partially or solely responsible. If trucks are not designed and produced according to high safety standards, other drivers can be put at risk, making it imperative to hold manufacturers responsible for failing to keep people safe.
Defective Parts
Aside from design flaws, using defective parts can cause serious issues, making the truck manufacturer responsible for any injuries or damage. If it is suspected that a defective part was the source of an accident, it must be proven that the defect existed when the truck left the manufacturer and directly contributed to the accident. An experienced truck accident lawyer will have the knowledge to work with experts to determine the source of the accident and gather the proper evidence to establish proof that the defective part used by the manufacturer caused the truck crash and that the maker of the vehicle should be held responsible.
Cargo Loaders & Shippers
The individuals who load cargo onto commercial trucks play a vital role in helping to ensure proper safety precautions are taken and making the shipment ready for transport. If a truck’s cargo is improperly loaded, unbalanced, unsecured, or overloaded, items can shift inside the truck, causing a wreck. Any party responsible for loading cargo must follow all safety regulations to mitigate risk. If a truck accident occurs due to loading issues, the loaders or other related shippers can be open to liability for injuries and damage. Interviewing the individuals who loaded the cargo may be necessary to determine the source of the accident and who may be responsible.
Third Parties
One aspect that may be easy to overlook in the aftermath of a truck accident is the role third parties may play in the situation. These third-party entities can include maintenance providers, contractors, brokers, and even drivers of other vehicles on the road who were involved in the accident. Even if the driver of the truck, the trucking company, and the truck manufacturer all correctly upheld their respective responsibilities before the accident, failure on the part of third parties can still result in an accident. Identifying all third parties who could have had a role in the accident is important when considering who may potentially be held liable.
Maintenance Providers
Companies that provide third-party maintenance for commercial trucks bear significant responsibility to ensure the vehicles are in proper working condition when they are out on the roadways. Third-party maintenance providers can cover issues ranging from mechanical and engine functions to routine checks, repairs, and inspections. Accidents can occur if a maintenance provider is negligent in the service performed on a truck and fails to address glaring problems. Brake inspections and wheel or tire checks can be critical in serious truck accidents.
Other Vehicle Drivers
In certain situations, liability for a truck accident can extend beyond the truck and the victim’s vehicle. If the driver of another vehicle on the road was negligent, they may bear some of the responsibility for the crash. Speeding, driving recklessly, driving while distracted, and other actions can cause accidents. Identifying other drivers who may have caused or were involved in the accident is critical during the investigation process. Police reports, photo or video evidence, and testimonies from involved parties and other witnesses can be used to determine if a driver of another vehicle may have been responsible for the accident. Identifying all contributing parties is vital, mainly if the accident involved multiple vehicles.
Determining Liability
Determining liability in a truck accident involves a complicated process of investigation to identify all parties who may be responsible. The process of launching a truck accident claim follows specific steps. Upon hiring a knowledgeable truck accident attorney, you can begin working with your lawyer to discuss the details of your accident, investigate what took place, and determine which party was responsible. Your Lawyer will guide you through the process of looking into the truck driver, the employing company, the truck manufacturer, and any third parties that may bear some or all of the responsibility for the crash.
Evidence Collection
As with any legal matter, collecting evidence is among the most key elements. Following a truck accident, you will work with your attorney to compile all available evidence, including:
- Law enforcement reports
- Medical records of injuries
- Witness statements
- Truck maintenance records
- Trucking company documentation
- Photo & video evidence
Gathering evidence and examining every detail is vital when building your legal strategy and creating a plan to seek compensation. Thorough investigation and attention to detail can strengthen your case, improve your chances of reaching the desired outcome, and obtain the compensation you need.
Why You Need an Experienced Truck Accident Lawyer
Following a truck accident, there are multiple factors you can end up facing. From potentially devastating and life-altering physical injuries and the emotional toll they can take to the property damage and financial obligations after the accident, you need the help of a dedicated professional to find the right path forward. Attempting to find your way through the complex legal landscape is never your best option. Instead, trust your case with a knowledgeable truck accident lawyer as you seek the outcome you deserve.
Call A Skilled Truck Accident Attorney Today
Christopher C. Walton, Truck Accident Lawyer in Murrieta
If you are looking for assistance following your truck accident, you owe it to yourself to find experienced legal representation. You have the right to take legal action to pursue fair financial compensation to help pay your medical bills, make up for lost income if you are unable to work, and cover property damage. Let our Bellingham personal injury attorneys take the lead as we work with you to plan out a solid legal strategy to seek the result you need. Contact us today to schedule a consultation to discuss your situation and explore your legal options.