It is not easy to determine which party is liable for a commercial truck accident in the US. Commercial trucking operations usually involve many parties, each accountable for different aspects that could make them legally responsible for an accident. It is significant to assess who is responsible for it, because only then would you be able to pursue compensation for your injuries. The parties mentioned below may be held responsible for the accident, depending upon its cause.
The commercial truck driver can be responsible for the accident if it happened because of their own negligence. Some examples of negligent behavior are as follows.
- Texting while driving
- Driving while distracted
- Failing to yield right of way
- Unsafely changing lanes
- Running stop sign
Commercial trucking companies may also be held responsible for truck accidents resulting from their driver’s negligence. If the driver’s negligent action was not intentional and occurred inside the regular scope of their duties, then legal responsibility may transfer to their employer.
The trucking business may be liable for the accident if the underlying cause was linked to its obligations. They comprise the following.
- Negligent recruiting
- Failing to finish inspections
- Encouraging or allowing truck drivers to break laws concerning hour and sleep
- Overloading trailer or allowing overweight truck
- Failing also to maintain equipment
The trucking company itself may not necessarily own the truck involved in the collision. There may be a separate truck owner who gives it to the company. The owner may be accountable for both the truck’s inspection and maintenance as per federal guidelines.
When the party fails to uphold their obligations and this result in the accident, then they could be held responsible for it.
The company that manufactured the commercial truck or its components could also be held liable if it had any defect which caused the accident. If defective components of the truck were the cause of the accident, then its maker could be held responsible.
The Company that Owns the Cargo or Loads It
The truck accident may also happen due to cargo problems, like the unbalanced or unsecured load. The unsecured equipment or containers might just fall off the vehicle, in turn, causing the accident, else, the unbalanced load can cause it to tip. In cases such as these, the company that is responsible for the cargo might just be liable.