Identifying all responsible parties after a truck accident is crucial for victims seeking compensation for medical expenses, lost wages, and other damages. A Fresno truck accident lawyer can help determine liability and build a strong case for maximum compensation. Here’s a look at the potential parties who can be held liable.
1. The Truck Driver
The truck driver is often the first party considered in determining liability. Drivers can be held responsible if their negligence contributed to the accident. Common forms of driver negligence include:
Distracted Driving: Using a phone, GPS device, or other in-cab technology while driving.
Fatigue: Violating Hours of Service (HOS) regulations, which limit driving hours to prevent fatigue-related accidents.
Speeding or Reckless Driving: Exceeding speed limits or making unsafe maneuvers, especially on curves or in adverse weather conditions.
If the driver’s actions directly caused the accident, they could be held personally liable.
2. The Trucking Company
Trucking companies can be held liable if their practices or policies contributed to the accident. For example:
Negligent Hiring and Training: Employing unqualified drivers or failing to provide proper safety training.
Unsafe Schedules and Pressure: Pressuring drivers to meet unrealistic delivery deadlines, leading to speeding or fatigued driving.
Failure to Maintain Vehicles: If the company neglected routine maintenance, such as brake checks or tire replacements, they could be held accountable for mechanical failures.
Additionally, trucking companies are required to monitor compliance with federal safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failure to do so can result in liability.
3. Cargo Loaders and Shippers
Improperly loaded cargo is a significant cause of truck accidents. If the cargo is unbalanced, unsecured, or overloaded, it can shift during transit, leading to rollovers or jackknife accidents. In such cases, the party responsible for loading the truck—whether the shipper or a third-party cargo company—can be held liable.
4. Truck Manufacturers and Maintenance Providers
Mechanical failures, such as brake malfunctions, tire blowouts, or steering issues, can cause truck accidents. If a defective part or poor vehicle maintenance is to blame, liability may fall on:
The Manufacturer: If the crash was caused by a defective part, such as faulty brakes or tires, the manufacturer can be held responsible under product liability laws.
The Maintenance Company: If a third-party company was responsible for inspecting or repairing the truck and failed to identify or fix a problem.
5. Other Drivers or Third Parties
Sometimes, other drivers on the road contribute to or cause truck accidents. For example, if a reckless driver cuts off a truck, causing it to swerve and crash, that driver could be held liable. Additionally, poor road conditions, construction zone hazards, or inadequate signage may make a government entity or construction company partially responsible.
Liability for truck accidents is often shared among multiple parties. As a result, it is critical to consult an experienced Fresno truck accident attorney. They have the resources to investigate and can help you identify all liable parties, as well as maximize your compensation.
