Trucking accidents can often be more complicated than those involving other vehicles. In many instances, just figuring out who should be responsible for paying for your injuries can be difficult. If you are planning to take action after being injured in a trucking accident that was not your fault, you need to know who to blame.
The Truck Driver
The most obvious choice to blame for your accident is the truck driver. When a driver commits an error, such as speeding or driving while fatigued, he or she is usually to blame for the accident. Even if the truck driver is not ticketed for the incident that led to the accident, you can still make the case that he or she is liable for your injuries.
However, there are some situations in which more than just the driver is to blame.
The Trucking Company
In some accidents, the trucking company that employed or contracted with the driver is responsible for the accident. The trucking company is responsible for ensuring that the driver and the truck are sound.
If the trucking company did not take steps to ensure that the driver was fit to drive or the truck was not mechanically sound, you could potentially hold the company responsible. For instance, if the trucking company scheduled the driver to work more hours than he or she is legally allowed to be on the road and an accident occurs because the driver falls asleep, the company is responsible. Another instance in which the company could be responsible is if it failed to have the truck assessed by a mechanic on a regular basis and a mechanical issue led to an accident.
The Truck and Parts Manufacturers
In the event that your accident was caused by a mechanical failure of the truck, you could possibly hold the manufacturer of the truck or any of its parts responsible. However, depending on the circumstances surrounding the failure, the trucking company and driver could also be responsible.
For instance, if the truck driver is responsible for checking out the truck before starting his or her route, he or she could be liable for your injuries. However, if the trucking company failed to ensure that the driver did the assessments or failed to complete repairs or its own assessments, you could hold it responsible, too. You could even still hold the manufacturer responsible if the part was defective.
Determining who is responsible can be tricky. In many cases, you can often sue more than one party for your injuries. To help you determine what you should do legally to recover compensation, talk to a personal injury attorney, such as one from Roberts Miceli & Boileau LLP.Share