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Who is Liable in a Truck Accident?

Who is Liable in a Truck Accident?

One of the reasons truck accident claims are more complex than car accident claims is that there may be multiple parties responsible for the crash and resulting injuries. In fact, truck accidents often involve the negligent actions of trucking companies and third parties.

It may be possible to file a truck accident lawsuit against one or more of the following parties:

  1. Truck driver – A trucker can cause a collision due to negligent behavior such as fatigued driving, intoxicated driving, distracted driving, or speeding. Not only can an injured party file for a personal injury lawsuit, but the truck driver may be facing criminal charges as well. Furthermore, truck drivers are also responsible for inspecting the rig to ensure proper maintenance or loading of cargo. So if a maintenance issue or cargo shift causes an accident, the trucker may be partly responsible for the crash.
  2. Trucking company – One of the most common reasons why truckers drive dangerously is because trucking companies require them to meet strict deadlines for financial gain, sometimes by cutting corners on FMCSA hours of service limits or truck maintenance requirements. Additionally, carriers are responsible for hiring and training, which may be an issue if the company employs drivers who have driving violations or FMCSA rule infractions on their records or company records fail to indicate proper training.
  3. Cargo company – Some trucking companies work as contractors to ship cargo for other companies. The cargo originator, shipper, loader, and transporter are each responsible for securing the cargo on trucks, ensuring they do not move during transit. If the cargo is not properly loaded or secured, it can shift during travel or fall off. If the cargo company failed to follow the procedure to properly secure the load, they can be held responsible.
  4. Truck and truck part manufacturer – Some truck accidents are the result of the truck or one of its component parts failing, such as a brake failure or a tire blowout. If the truck, or any of its parts, was defective or poorly designed, injured parties can pursue compensation from the manufacturer.

If you have been injured in an accident caused by a commercial truck in Pasadena, contact Tedford & Associates for a free consultation today.

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