A lot of factors are at play when it comes to truck accidents. When determining liability, it may get confusing. You may know for sure you weren’t the cause of the accident, so where do you turn for compensation? Who is responsible for your injuries? The following are some possibilities.
The Truck Driver
If you are the other driver in a truck accident, it’s possible the truck driver could be liable for the accident. Truck drivers can get distracted just like any other driver. They get preoccupied by phone calls, radios, passengers, and other issues. If the truck driver is found to have been the negligent party, you would seek compensation through his or her auto insurer.
The Truck Owner
Many times, a truck driver will rent or lease a truck from another owner. While it’s a good trade off for both parties, the drivers don’t always know what has been done in terms of maintenance and upkeep. If the truck owner maintains responsibility for inspections and repairs, but fails to do so, he or she could be the liable party in your accident.
A lot of shipping companies will load and secure the trucks before the drivers take off. This is not very often the actual driver’s responsibility. If a driver you are in an accident with holds no responsibility for loading the truck, but it’s the cargo that created the accident, you may be able to seek compensation from the shipper. Some common shipping issues are uneven distribution while loading the truck and improper securing of the cargo.
The Trucking Company
Some drivers work for a trucking company that takes care of all the maintenance, repairs, loading, and other aspects of the job. Failing to properly care for the truck could cause an accident when a part fails, but there are other ways a trucking company could be liable. For example, a truck driver’s boss may insist a load get delivered in a shorter amount of time possible given the speed limit and the driver’s needed sleep. This could cause the driver to skip sleep or speed, which could result in an accident.
Contacting an Attorney
As you can see, there are multiple directions you could turn to find compensation after a truck accident. Whether you know where liability falls or not, contacting a truck accident lawyer, like a truck accident lawyer in MD, could help you get started on the right track.
Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into who is liable in a trucking accident.