Truck Accidents - Who Can Be Held Liable?
February 20, 2008
If you are in a truck accident, you may be confused as to who you can hold liable for your injuries. Read on to learn who may be responsible and how you can bring them to justice.
Many parties may be found liable in a truck accident. Experienced truck accident attorneys such as Trantolo & Trantolo, LLC will explore every avenue to ensure that those responsible for your truck accident injury are identified for purposes of potential litigation.
Because there are many different entities involved in the trucking industry, parties that may be held liable for a truck accident include:
The truck driver. The Federal Motor Carrier Safety Administration (FMCSA) regulates various truck driving issues, such as the amount of time a truck driver may operate a truck, the amount of rest required between trips, etc. If it can be determined that the truck driver violated these regulations, for example, by driving too many hours, driving under the influence of alcohol or drugs, loading the truck improperly or taking illegal stay-awake drugs, the truck driver may be held liable.
Truck manufacturers and truck parts or equipment manufacturers. Truck and part manufacturers, designers, or even distributors may be held liable for dangerous or defective products that may have contributed to the accident.
Truck owners and equipment owners. The owner of the truck or the owner of the truck equipment may also be potentially liable parties. Owners have a responsibility to inspect equipment to ensure it’s safe for travel.
Truck loading company. Truck loaders have a responsibility to load trucks to ensure that the cargo is balanced properly and won’t shift during travel. Unbalanced cargo can throw off the center of gravity of a truck and lead to dangerous rollover accidents.
Truck or equipment leasing agencies. Agencies that lease trucks or equipment are responsible for maintaining and inspecting the truck or the equipment leased. Failure to do so properly may lead to liability.
Truck driving agencies. Agencies that lease truck drivers to other companies may be held liable for negligent hiring practices or for setting schedules that encourage speeding or extended driving hours.
Federal, state or local road authorities. Poor design and maintenance of a road or highway can lead to accidents. In these cases, the governmental authority responsible for the design and maintenance of the roadway may be held liable.
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