Trucking accidents can be devastating, often resulting in significant property damage, serious injuries, or even fatalities. Those who are injured in these tragic accidents are wise to look into the crash to determine who was responsible. You might find it surprising to realize that there are many different parties that could bear some level of responsibility.
Some examples to consider include the following:
- Truck driver: Driver errors are a common cause of these preventable crashes. One common issue is that of fatigue. Others include distraction or a violation of traffic laws.
- Trucking company: Victims could hold the company that employs the driver responsible if it failed to follow proper protocols in hiring practices, vehicle maintenance, or compliance with federal and state regulations.
- Cargo loaders: The party responsible for loading the truck’s cargo may also be liable. Improper loading can lead to accidents due to shifting weights or spills.
- Vehicle or parts manufacturers: A failure of the truck or any of its components can result in manufacturer liability under product liability laws.
Understanding these roles can help determine the appropriate party to pursue for damages in a trucking accident case.
Determining liability and pursuing compensation
The process of determining liability in trucking accidents often involves several steps. In the initial phases, it is important to begin gathering evidence. This includes police reports, witness statements, trucking company records, driver logs, and black box data from the truck. Next, it is important to analyze the details of the accident itself. Experts in accident reconstruction may help understand how and why the accident occurred. Once this information is gathered, the victim can consider legal remedies. Based on the evidence, a lawyer can help establish negligence or fault under the law.
It is important to keep in mind that in these types of accidents multiple parties could be responsible for damages. Victims must consider all potential sources of liability to help better ensure full compensation for their losses.