Determining who is at fault can be tricky when you are involved in a trucking accident. Numerous parties may have some level of responsibility, and you may be able to recover compensation from them all. However, the first place to start is the police report, which only rules in or out criminal activity such as speeding or drunk driving. Here is a line-up of the parties your personal injury lawyer may include in your case.
The Truck Driver
The most obvious party is the operator of the vehicle. Was the accident a result of their actions? Did they violate driving laws or trucking regulations? Some of these may include the following:
- Distracted driving
- Fatigued driving
- Reckless driving
- Driving under the influence
- Failing to adjust to road or weather conditions
- DOT violations
There are many areas your trucking accident personal injury attorney can investigate that may be relevant to your case.
The Trucking Company
Another party to look at is the trucking company. If the truck driver is not an independent owner/operator, they run under the auspices of a trucking company.
The company has certain responsibilities for trucks running under their authority. The company also carries additional insurance that the driver may not have.
Some violations that may fall under the trucking company include but are not limited to the following:
- Failing to train their drivers properly
- Failing to maintain safe equipment
- Failing to enforce DOT rules and regulations
- Negligent hiring
The trucking company may be liable if your personal injury attorney can show any of these.
The Truck Manufacturer
If your investigation shows that the accident resulted from a malfunction or a flaw in the truck's design, the manufacturer of the vehicle may be liable.
Search for vehicle recalls or repair bulletins for the make and model of the truck involved in your crash. See if any of these apply to your crash.
The Loading Company
Depending on what a company loads on the truck, a load can weigh thousands of pounds. If the load shifts or becomes unsecured, it can cause the driver to be unable to control the vehicle or, worse yet, send flying debris across the interstate.
Third-party loading companies sometimes load trucks, and other times the freight owners load them. The loading company might be liable if a shifting or unsecured load caused your accident.
A trucking accident can be much more complex than an automobile accident. Enlisting the services of a good trucking accident personal injury lawyer to help you figure it out is essential. Contact a law firm like The Dennis Law Firm to learn more.Share