Money & The Economy

How Liability Is Determined in Truck Accident Lawsuits

The National Safety Council’s report indicates that large trucks caused a total of 114,552 injuries in the year 2023. This number reflects a decrease of 4.7% when compared to the previous year’s incidents recorded. The term “truck accidents” encompasses cases in which large commercial vehicles like trucks, trailers, or other big trucks hit other vehicles, people, or property. These incidents typically lead to severe injuries. The resulting damages from these accidents are typically greater since they involve large and heavy vehicles.

Trucking accidents usually involve liability issues that are harder to solve than those related to car accidents. When it comes to commercial trucks, a lot of people are involved. Different parties that can be involved in this scenario include the driver, the trucking company, the loaders, the maintenance personnel, and perhaps even the truck manufacturers. Determining the actual culprit will take a lot of work behind the scenes.

Usually a full probe would reveal not only the sequence of events but also the party at fault in the accident, and such a probe would very likely consider federal trucking regulations, driver logs, black box data, maintenance records, cargo paperwork, and so on. According to a truck accident lawyer in Homewood, if you are apprehensive about your being partially to blame for the recent truck accident, you should get in touch with a lawyer right away.

Let us examine how the liable party is identified in truck accident lawsuits.

Understanding the Basics of Truck Accident Liability

Liability in truck accident situations depends on negligence. Negligence is the condition wherein an individual or a company completely ignores the duty of care or applies less care than a reasonable person would have applied in a similar situation.

Among all the measures in the transportation industry, the security of operations is the main concern. Trucking is a risky job, and all parties involved can bear the responsibility for an accident in differing capacities.

In numerous situations, liability may include not only the truck driver but also the trucking company, the maintenance provider, or even a manufacturer whose equipment has failed. Accident reports, testimonies of bystanders, health documents, and digital logs are the factors that usually set the course of the investigation at the beginning. The evidence at hand usually determines the average bodily injury settlement. The compensation amount will be higher the more significant the evidence is. 

The ruling on liability will depend on the laws of the state in which the accident took place at the time it occurred since different states have different liability factors, including fault rules and compensation.

Common Causes of Truck Accidents

There are several reasons why truck accidents occur. One of them is the tiredness of drivers, which can drastically lower their reaction times.

Improperly loaded cargo not only interferes with the truck’s stability but can also result in rollovers if the cargo is unevenly distributed or overloaded.

Mechanical failures comprising brake problems or burst tires can be the reason for the accidents getting severe. Snow, fog, or heavy rain, which are all considered bad weather, can either completely obstruct the view or cause it to be very difficult for the driver to see.

The problem of distracted driving, which might be caused by the use of electronics or other distractions in the cab, continues to be a major concern and is particularly the case in the commercial driving sector.

The Role of the Truck Driver in Liability

The behavior of a truck driver is usually the main point in the case of liability. The examination of the driver’s past, their driving behavior, and their adherence to safety regulations will be done.

How the truck driver operated the vehicle will be looked at to check if he or she applied safe driving techniques.

The pre-trip examination and informing of safety risks to the higher-ups cannot be disregarded by any driver. An emergency might cause the driver to skip inspections or miss signs of mechanical failure. This scenario further complicates the situation.

Driver’s log verification, onboard recorder electronic data analysis, and maintenance records checking would point out the driver’s involvement in the accident.

Investigating the Trucking Company’s Responsibilities

Trucking companies possess independent obligations under federal rules, including those by the Federal Motor Carrier Safety Administration (FMCSA). 

The organization has to conduct proper hiring practices and give adequate training to drivers of trucks, which is the main duty assigned to them. Besides that, they are to take care of the expenses for the regular servicing of vehicles and also comply with the maximum driving hours set in 49 U. S. C. 31136 and related regulations.

A company that pushes a driver for an instant delivery, ignores the safety issues mentioned earlier, or delays maintenance may be exhibiting a characteristic of an unsafe workplace.

A past of infractions or poor safety programs may also point to an organization-wide issue. Reputable maintenance records, company documentation, and employer files are central to assessing liability.

Third-Party Liability: Manufacturers and Other Contributors

Truck accidents can also result from the actions of individuals not directly tangled up in the day-to-day operation of the trucking business. In case of any malfunction in the vehicle’s structure, like brakes, tires, steering system, or any other mechanical system, the manufacturer or the supplier of the parts may be held liable for their lack of caution.

49 U.S.C. Chapter 301 is one of the vehicle safety standards established by the federal government. It outlines the design and performance requirements that manufacturers must meet for their products.

The maintenance contractors who did not properly repair the truck, the loading teams whose mistakes resulted in the cargo becoming hazardous, and the third-party contributors are all considered together with the driver and employer in assessing the various factors that led to the accident.

The Importance of Negligence in Truck Accident Cases

Negligence is the legal principle that determines a person’s or organization’s liability for the damage caused by the accident. 

Carl Fox

Carl Fox is the senior money and finance writer for Conservative Daily News. Follow him in the "Money & The Economy" section at CDN and see his posts on the "Junior Economists" Facebook page.

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