Trucks are common on American highways and do a great job of ensuring continuity in the supply chain industry. However, sharing the road with them means putting yourself at the risk of getting into a truck accident.
Unfortunately, truck accidents differ from other road accidents in that they tend to result in severe injuries, extensive property damage, or even death, mainly due to the weight and size of the trucks.
The good news is that you may be eligible to recover compensation if you have suffered injuries in a truck accident caused by someone else’s negligence. But you will need first to prove liability.
Who is liable for truck accidents?
The majority of accidents happen as a result of human error. When they happen, the person that suffered harm can sue the responsible party for damages suffered. Several parties can be liable for a truck accident, including:
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The trucking company
Under vicarious liability, an employee is directly responsible for damages resulting from the negligent actions of their employer if the employee was engaged in activity within their scope of work at the time of the accident.
Also, the trucking company may be liable for accidents resulting from poor fleet maintenance. However, liability for trucking companies for poor maintenance is only applicable where the trucking company is the owner of the trucks.
The trucking company must ensure that its drivers do not exceed the federal driving hours limit. Some trucking companies, however, tend to go around this regulation to beat deadlines.
Accidents under such circumstances can see the trucking company carrying liability for damages.
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Truck driver
Under normal circumstances, trucking companies should be liable for damages caused by their drivers. But there are exemptions, for example, if an accident occurs while the driver is running a personal errand, even during work hours, or when they cause an accident intentionally.
There are also circumstances where the driver could double up as the truck owner, for example, a gig trucker.
Under such circumstances, the driver may be liable for accidents since they do not fall under the employee category. Also, if the accidents result from poor truck maintenance, the driver will carry liability as they own the truck.
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Governmental agencies and contractors
Poor road conditions and design can cause road accidents. If your truck-related accident resulted from the condition of the road, you could sue the government entity responsible for the road’s construction, maintenance, and design.
Recovering damages from governmental entities can be challenging because of governmental immunity. You could also look at recovering damages from the private entity contracted to build the road if your accident results from a road design error.
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Faulty part
Truck accidents can also result from a faulty part. Under such circumstances, you may consider the faulty part manufacturer as a possible liable party.
To prove that a truck vehicle part manufacturer is liable, you must prove that the faulty part was structurally flawed in its design and thus caused an accident.
But you may need to hire a truck accident attorney
Often truck accidents result in severe injuries. Severe injuries mean recoverable damages can be significantly high, and no insurance company will pay what you deserve without a fight.
If you are on your own, your chances of fair compensation may be slim, so you need to be backed by an experienced attorney specializing in truck accidents.
According to statistics, accident victims that work with a lawyer improve their chances of a better outcome by up to four times.
Final words
Trucks play an integral role in the US economy. But they can also be a hazard when on the road. While seeking compensation after an accident may not help undo the damage suffered in a crash, it can help lessen post-accident challenges by helping your life get some semblance of normalcy.
