Who Is Liable After a Truck Accident?
Depending on the situation, multiple parties may be liable after a truck accident. If you were hit by a drunk truck driver, for example, the driver would be responsible for their actions, but the carrier company they work for might also carry liability. Shipping companies are required to have a strict policy on drugs and alcohol, and to clearly communicate this policy to their employees. If their driver was drinking on the job, the employer may have failed to implement or uphold these responsibilities.
Without the help of an attorney, however, you may not have realized this relationship, nor the implications it carries.
Just the Truck Driver
If he/she is working as an independent contractor and is not associated with a company or agency, the truck driver may bear sole responsibility for your accident. Like any other driver, truckers can exhibit negligent behavior, and if they are a “free agent,” there will be no company to hold accountable.
If the driver breaks the law or consumes drugs or alcohol in open defiance of company policy, he/she may also be solely responsible for damages.
The Trucking Company
In many cases, carrier companies cut corners to save on costs. They may have sent the driver out after incomplete training or inspection, failed to maintain a safe work environment, or set unreasonable expectations for a driver.
Finding fault within shipping companies can be difficult, but our team at Richardson Richardson Boudreaux, PLLC can help.
The Party Responsible for the Truck
Sometimes, independent contractors own their vehicles. Other times, trucks belong to the company. In more cases, still, companies rent out trucks from third parties. No matter the situation, whoever owns the vehicle may be responsible in the event of a mechanical failure. If you were in an accident where a truck’s brakes failed, for instance, you would be able to file a claim against the party that was responsible for that truck’s maintenance.
Some incidents involve the cargo on the truck falling or creating a hazard. Unsecured cargo may be traced to the party that loaded the truck, who may be held liable in a truck accident. If the truck rolls over or jackknifes, imbalanced cargo may have contributed to the accident, as well.
With all the complexities of a truck accident, the only way to determine liability is through a thorough investigation. At Richardson Richardson Boudreaux, PLLC, we are experienced with FMCSA trucking regulations and all relevant laws.
We will dig deep to find out which parties are accountable for your accident and compile evidence to hold all of them responsible.
Rest assured, we will fight for your maximum compensation, and we won’t get paid unless you recover.
Get started today with a free consultation or a phone call to (918) 347-6456.