Who Is At Fault After An Accident With A Commercial Truck?
Accidents involving commercial trucks such as tractor-trailers vastly differ from car accidents in many ways. One of these ways is that it is much harder to determine who was liable for a crash. Unlike after a car accident, when the liable party is usually at the scene, this is not always the case after a crash involving a truck. There are many parties that could be held liable for paying your damages after a truck accident and it is not always easy to determine who was at fault for the crash. Below, our San Antonio truck accident lawyer explains the parties that may be potentially liable for a crash.
Negligent Truck Drivers
The truck driver operating the vehicle involved in the crash is not always at fault, but there are times when they could be held liable. Truck drivers are under immense pressure to deliver their cargo within certain timeframes. To make sure they meet their deadline, truck drivers may violate the federal hours of service rule. Or, they may use alcohol or drugs thinking it will help them stay awake behind the wheel and become impaired while they are on the road. Just like any other motorist on the road, truck drivers may drive while distracted, speed, or drive aggressively.
The Trucking Company
The trucking companies truck drivers work for have many legal responsibilities. They must make sure they perform full criminal and background checks on any driver they hire, and they must provide proper training for their drivers. Trucking companies must also make sure their entire fleet of trucks is properly inspected and maintained according to federal guidelines.
Negligent Manufacturers
Commercial trucks are made up of hundreds of moving parts. Each of those parts must work properly and be in safe condition. If they are not and a faulty or defective truck, or part of a truck causes an accident, the manufacturer of that part can be held liable for paying damages.
Cargo and Loading Companies
Truck drivers sometimes load cargo onto their own truck, but that is not always the case. Sometimes, other companies are used for this job. Regardless of which party loads the cargo onto a truck, it must be done properly. If it is not, the cargo could actually fall off of or out of the truck causing catastrophic multi-vehicle pile-ups. Or, the cargo may shift during transport and throw the entire truck off balance, which could cause the driver to lose control of the vehicle, which places everyone on the road at risk. In addition, if the cargo is not loaded and secured properly by the shipper, then the load can shift during transport – causing life-changing injuries to a truck driver who later opens the trailer door upon reaching his destination – only to be pummeled by falling cargo or tires.
Our Truck Accident Lawyer in San Antonio Can Determine Liability for Your Crash
Determining who was at fault for a crash involving a commercial vehicle is never easy. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can determine who was to blame for your injuries and will hold them fully accountable for paying the maximum financial compensation you are entitled to. Call us now at 210-LAW-9999 or reach out to us online to schedule a free consultation.
Sources:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
fmcsa.dot.gov/regulations/search
