How to Determine Liability in a Truck Accident
After a car accident, you can usually point at the other driver and confidently say that they caused the crash and your consequent injuries. In a truck accident, though, the situation is a bit different. Liability is often not placed solely on the truck driver, but on multiple parties who have done something wrong that led up to the crash.
Parties that can be liable in a truck accident claim are:
- Truck driver: The truck driver is usually liable for a crash to a measurable extent because they were the ones steering the commercial vehicle. A leading type of truck driver negligence is fatigue, which causes them to drive while exhausted after long shifts.
- Employer or contractor: The company that hires or contracts a truck driver can also be partially liable for a truck accident if it is found that they have inefficient hiring or scheduling practices. For example, if the trucking company hired a truck driver without a commercial license, then the company could be blamed for professional negligence.
- Load crew: After arriving at a retail store or warehouse, trucks are usually loaded by employees who do not work for the trucking company. Instead, staff members from that store or warehouse load products, inventory, freight, etc. Misloading a truck can cause a dangerous accident later, putting liability on that third party load crew.
- Mechanics: Companies that work on commercial trucks to keep all of the parts well-maintained can be indirectly affiliated with the trucking company, hired only through a side contract. If a mechanic’s mistake causes a truck accident, then that mechanic or their own employer could be liable.
