Truck accidents can involve several parties, so determining who is at fault and consequently responsible for your compensation can be more complicated than a regular car accident. Depending on the circumstances, the accident may be caused by any one of the following: the driver, the trucking company, the shipping company, the maintenance provider, or a combination of one or more of those parties.
Because of this, holding the correct party responsible for the damage to the vehicle and injuries is the most important part of seeking compensation in a commercial truck accident. Continue reading to learn how you can determine who should be held responsible after being injured in a Cleveland or Chattanooga truck accident.
Who May Be Responsible for a Truck Accident?
Several parties may be responsible for a truck accident. For example, the accident could’ve been caused by the fault of the driver, the company that hired the driver, a defect in manufacturing or maintenance, the shipping company, or the local municipality responsible for maintaining the roads.
Truck Driver and Truck Company
The truck driver may be responsible for many reasons, such as distracted driving, fatigued driving, or failing to adhere to the appropriate driving hours. In many cases, the driver is solely responsible for the accident, but the truck company may also be involved. For example, the company may have issued improper training, hold unrealistic expectations for work hours or deadlines, cut corners on safety or equipment, or any combination of these factors.
Cargo Loader or Manufacturer
In some cases, the accident was caused by the cargo on the truck. In these situations, the loader may not have inspected the cargo properly or may have loaded it improperly, causing it to shift and lead to an accident. In addition, the manufacturer of the truck may be responsible if the accident was caused by a mechanical failure or defect, such as faulty brakes.
Truck Owner
Some trucking companies don’t own their trucks but lease them from different owners. If the accident was caused by the owner failing to inspect the truck or keep up with its routine maintenance, they may be responsible for the accident. The truck’s owner may be responsible for various maintenance and service tasks as required by federal law, and failing to keep up that maintenance may have contributed to the accident.
Government Agencies and Contractors
If a road hazard caused the accident, such as broken pavement or a soft shoulder, the state or local government may be responsible for the accident. This also applies to contractors hired by the government, such as construction crews that had improper work zone setup or faulty maintenance work.
Truck Accidents With Multiple Parties
If an investigation reveals multiple parties contributed to the accident, you may be able to seek compensation through multiple insurance companies. In these cases, truck companies may work with attorneys and insurance companies to offer quick settlements that seem generous to avoid you seeking compensation from several parties. An experienced truck accident lawyer can consider all the evidence to determine fault and seek the full amount of compensation you deserve for your losses.
Jay & Brent Are Here to Help
If you were injured in a commercial truck accident, Jay & Brent are the Board-Certified Civil Trial Specialists you need on your case. Our team will seek the compensation you deserve for your accident injuries and will advocate for your rights. Call The McMahan Law Firm at 423-831-2038 or fill out the online form to get your free case review and let us fight for you!
