One of the primary factors in any truck accident is the conduct of the truck driver. If the driver was negligent or reckless in their actions, they may be held liable for the accident. Negligence can include speeding, driving under the influence of drugs or alcohol, distracted driving, violating traffic rules, or failing to adhere to federal regulations governing commercial vehicles. In some cases, drivers may also be fatigued due to extended hours on the road, contributing to the accident.
Often, the trucking company that employs the driver can also be held liable for a truck accident. If the accident resulted from inadequate driver training, improper maintenance of the truck, or forcing drivers to meet tight delivery deadlines, the trucking company may be deemed responsible. Additionally, the company may face liability if it employed a driver with a history of traffic violations or failed to conduct thorough background checks during the hiring process.
In certain situations, a defective part or mechanical failure in the truck itself may cause the accident. In such cases, the truck manufacturer or the manufacturer of the faulty component could be held liable. Determining liability in such cases may involve complex investigations to ascertain whether the accident was caused by a manufacturing defect, a design flaw, or improper maintenance.
Improperly loaded or secured cargo can lead to disastrous accidents. If the cargo was not loaded correctly and this contributed to the accident, the responsibility may fall on the party responsible for loading and securing the cargo onto the truck. This party could be either the trucking company or a third-party contractor handling the loading process.
Establishing liability in a truck accident can be a complex process. It often involves collecting evidence from the accident scene, reviewing the driver's logbooks and employment history, analyzing the truck's maintenance records, and possibly reconstructing the accident. In many cases, expert witnesses, such as accident reconstruction specialists, may be required to provide insights into the sequence of events leading to the collision.
Seeking legal guidance from experts like Angel Law, P.C. is essential for maximizing your chances of a successful outcome. Contact us today to schedule your consultation!