Liability for Trucking Accidents
Because trucks are so much larger and heavier than their automobile counterparts, accidents in which they are involved are much more dangerous. Injuries sustained in these types of collisions are often serious and, tragically, more likely to result in death. Being involved in a truck accident can be physically, emotionally, and financially devastating for victims and their families, and the responsible parties can and should be held liable for the harm a victim suffers.Driver Negligence
Determining liability in incidents in which a commercial truck was involved can be especially difficult. This is in large part due to the high number of possible liable parties that may have been at fault. For instance, a fatigued truck driver who defies state and federal regulations regarding the number of hours he or she is permitted to drive and falls asleep at the wheel may be solely responsible for the resulting accident.
However, because the driver was acting on behalf of his or her employer, the trucking company itself may be held responsible for the costs associated with the accident. Alternatively, if the driver’s decision to drive while incapacitated was the result of improper training on the part of the employer, a victim may also be able to recover from both the driver and the trucking company who employed that person.Truck Problems
Another potentially responsible party in a truck accident is the manufacturer who designed and built the truck or its parts. If a manufacturer’s design was defective, it can be held liable for injuries sustained in resulting accidents. In the event that the design was not flawed, but the assembly was in some way improper, the manufacturer can still be held responsible.
However, in many cases, the truck’s parts were properly designed and manufactured, but became damaged during shipment. In those instances, specific distributors and retail stores can be held accountable for failing to maintain the product in its original condition.
Trucks used for shipping cover thousands of miles and experience a fair amount of wear and tear as a result. Mechanics are often employed to repair a specific part or ensure that everything is in working order. If a mechanic negligently provides this service, but claims that the work was done properly, he or she may be held responsible if the problem the mechanic was supposed to fix was the cause of the accident.Unsafe Cargo
Commercial trucks often carry dangerous cargo, such as hazardous materials. If the manufacturer or shipper of those materials fails to inform the driver or the trucking company of the potential dangers of the substance, he or she could also be required to contribute to the damages collected by a victim.
If you or a loved one has been injured in an accident involving a truck, an attorney can help you file a suit against the responsible parties and obtain the compensation you deserve. Please contact the experienced Monterey County personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. to schedule a free consultation.Sources