As a driver, you must be cautious, use good judgment, and follow all traffic laws. This will keep you and other road users safe, as well as help you avoid any inconvenience caused by accidents or other incidents. When it comes to trucks, however, there are additional factors to consider. These elements will also influence who is held accountable in a truck accident.
Differences Between Truck Accidents and Car Crashes
Truck accidents are not the same as car accidents. In a two-car accident, the parties involved are you, the other driver, and your insurance companies. Unless there are other factors at play, such as other road users or natural disasters. It is easy to blame the truck driver in a truck accident. They are the obvious party. Other parties, however, may bear responsibility. It could be returned to the truck manufacturer. As a result, you may not know who is to blame right away. You’ll need the assistance of an experienced attorney to get to the bottom of who should be held accountable in your case. All phone calls, emails, and conversations about your truck accident will be handled by Gregory Spektor and Associates. One of the first things you should do after an accident is established liability. Our legal team will work tirelessly to achieve the best possible outcome for you.Who Is Liable in a Truck Accident?
Nobody wants to be held responsible for an accident because it can lead to a variety of losses. When a truck accident occurs, it is possible to assign blame to one or both drivers. If the trucking accident involves two vehicles, however, in a collision involving more than one vehicle, the fault may be assigned to multiple parties. Trying to understand everything may seem overwhelming. As a result, some of the parties liable in a truck accident must be listed. But first things first. Keep in mind that silence is golden, and you should refrain from saying anything after the accident. Wait for the police to arrive. You could be held accountable for words spoken in the midst of an experience. Even apologizing or saying sorry may backfire. So stay calm and wait for the authorities. Taking all of this into consideration, who is at fault in a truck accident? There are numerous options. Here are a few examples of them.Truck Drivers
Nobody in their right mind would intentionally cause an accident, especially one that results in significant losses. However, truck drivers are sometimes at fault for causing accidents by acting recklessly. Many truck drivers, on the other hand, are cautious and take the dangers they may encounter behind the wheel seriously. When a driver engages in the following behaviors, he or she may be held liable for an accident.- Distracted driving.
- Driving while texting.
- Driving under the influence of alcohol or drugs (including prescribed medication).
- Speeding or driving too fast for prevailing conditions.
- Aggressive or reckless driving.
- Disregarding traffic signs.
- Violating federal laws and being on the road for more hours It causes fatigue or makes you fall asleep at the wheel.
Trucking Companies
You’d think that all trucking companies would hire only the best drivers available. And because this is usually the case, proving that trucking companies are to blame for an accident is a difficult task. You need an experienced truck accident lawyer who knows how to bring certain issues to light. Trucking companies may cut corners when it comes to safety or has unrealistic expectations of their drivers. They do not always make decisions in favor of truck drivers. The following are some of the most common offenses committed by trucking companies:- Hiring underqualified truck drivers.
- Inadequately training truck drivers and other trucking company employees.
- Pushing drivers to stay on the road longer than is legal or safe.
- Failing to perform regular maintenance on commercial trucks.
- Not properly inspecting trucks before use.
- Allowing drivers to operate vehicles without a license.
- Encouraging drivers to use stimulants to stay awake for longer.
Owner of The Truck
Occasionally, the trucking company does not own the commercial trucks it employs. In these commercial truck accident cases, the owner is responsible for the commercial truck as well as any negligence that may have contributed to the collision. If the truck owner fails to perform inspections, maintenance tasks, or ensure engine function, they may be held liable. It is the truck owner’s responsibility to keep the vehicle in good working order. This includes the tires, fluids, brakes, electronics, engine, and all internal components. Otherwise, they could be held liable for the accident in a truck accident claim.Manufacturers
In most cases, a single manufacturer creates or assembles all of the parts in their factories. Trucks, on the other hand, are built by assembling components from various manufacturers, as opposed to cars. As a result, manufacturers of the truck’s parts must ensure that they are safe. Otherwise, a manufacturer may be held liable if a vehicle part fails and causes an accident. A tire blowout is one of the most common manufacturing errors that cause accidents. These conditions can cause the truck to roll over, swerve, or jackknife. It is the result of poor manufacturing. However, it can also be the result of normal wear and tear or a lack of routine maintenance. Other common parts that fail mechanically, resulting in product liability claims, are:- Faulty brakes.
- Locks.
- Steering problems.
- Hydraulics.
- Load straps.
- Defective trailer hitch.
- Coupling systems
Cargo Loaders
Truck drivers and their companies occasionally use third parties to load cargo onto trucks. Loading cargo correctly is critical, and there are specific methods for doing so. It concerns not only the weight and size of commercial trucks, but also the type of material, weight, and method of transport. Otherwise, cargo that has been improperly loaded or secured may shift. Improperly loaded cargo can cause trucking accidents in two ways: The first possibility is that the load will fall out of the truck and into oncoming traffic. The second scenario is that improperly loaded cargo can cause load instability and destabilize commercial trucks. It makes it difficult for the truck driver to control the vehicle, causing it to move in unpredictable patterns. Truck accidents frequently cause a chain reaction as drivers swerve to avoid falling cargo or out-of-balance trucks. Even if the company’s only responsibility was to load cargo, they could be held liable. Before the truck driver departs, they should ensure that the loaded cargo is secure.Government Agencies and Contractors
Broken pavement or soft shoulder could also be to blame for the error. If the accident was caused by a roadway hazard, the local or state government in charge of that stretch of road is held liable. The contractors who built that stretch of road may also be held liable. Contractors may be held liable if they create a work zone that leads to an accident or performs work that causes the accident.
