Who Can Be Held Liable for My Truck Accident?

liability in a truck accidentMany truck accidents have contributing factors that are unique to the trucking industry, which makes them much different than typical car accidents. Many different parties and entities can be involved in a truck accident, which can make determining liability even more difficult.

For these reasons, it is important to work with an experienced Windsor truck accident lawyer who is familiar with these complex cases. Greg Monforton and Partners can help identify each party that may responsible for the accident in order to pursue compensation for the damages you have suffered.

The Truck Driver

Truck drivers have a duty to drive in a safe manner, just like all other drivers do. However, they also have an increased responsibility to drive in a way that does not pose a risk to the public. Many truck accidents are caused by drivers who are negligent and participate in dangerous driving behaviors, such as:

  • Driving under the influence of alcohol
  • Driving after taking sleep aids
  • Driving after taking illegal substances
  • Speeding
  • Driving too many miles before taking a break
  • Driving while distracted
  • Driving aggressively

An experienced truck accident lawyer knows what types of driving behaviors to look for when evaluating potential liability.

The Trucking Company

Companies that employ truck drivers can be held liable for their actions. Even if a truck driver was actually responsible for the accident, the trucking company that hired the driver may be held legally responsible for the damages that result. Additionally, the trucking company has other responsibilities, such as complying with laws that regulate how many hours they can have their employees work before taking a break, testing truck drivers for alcohol or drugs after an accident and providing adequate training.

A central reason why many truck companies are held responsible for truck accidents is because of the work environment that prioritizes profit over safety. For example, trucking companies might establish unrealistic expectations that cause drivers to quickly load cargo or have unrealistic schedules to transport goods.

Trucking companies must also take care to properly vet truck drivers and not be negligent in its hiring or retention of drivers who are unfit or unqualified for the job.

Cargo or Loading Company

Some truck accidents are caused by a separate cargo or loading company. The company may not load the cargo properly, which may cause it to be overweight or distributed in an uneven manner that can cause the truck to tip over or jackknife. In other cases, the cargo company may not secure the cargo correctly, causing the goods to fall out of the truck and create hazards on the road.

Vehicle or Parts Manufacturer

In other situations, the accident may be caused by a defect in the truck or one of its parts. If a manufacturer was responsible for producing a defective part and this part contributed to the accident, one path of possible recovery is to file a claim against the part manufacturer. Likewise, if the truck itself was defective or designed poorly, the truck manufacturer may be held responsible. Our experienced truck accident lawyers can conduct a thorough investigation to determine the parties responsible for your accident.

Learn More About Your Legal Options

If you were injured in a truck accident, a skilled truck accident lawyer at Greg Monforton and Partners can assist you with every aspect of your case. Our firm can investigate trucking laws that may have been violated and use this information to establish liability in your claim. We can also help preserve important evidence in your case and review it to further identify the factors that contributed to the accident.

We will help you fight for the maximum compensation you deserve after sustaining property damage, medical expenses, lost wages and earning potential, and pain and suffering. We charge no upfront fees and work on a contingency fee basis, so you do not have to worry about paying anything unless you win.

Call (866) 320-4770 or complete our free online form now.