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Who’s At Fault For Causing A Commercial Truck Accident?

Tuesday, August 14th, 2018
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Most commercial truck accidents are a result of driver negligence, but finding who is at fault can more complicated than you think. Driving commercial vehicles is different than driving passenger cars and these vehicles need more maintenance. The trucking firm that owns the vehicle, or the driver, has a legal responsibility to make sure their equipment is safe and in good working condition. The following can help you know who can be at fault for commercial truck accidents.

When is the truck driver responsible

Most commercial trucks are kept in standard operating condition, but that will not matter if a trucker is driving in a reckless manner. Some of the more common driving-related causes of commercial truck accidents include driving over the speed limit or under the influence of drugs or alcohol.

Driving too long past the “hours of service” regulation is also a major cause of accidents. Failing to obey all traffic laws, keep a safe distance between each vehicle, and keep all windows and mirrors clean can also cause wrecks.

Can truck driver employers be at fault?

If a truck driver causes an accident, it is important to check their employment status with the company that owns the commercial vehicle. Many drivers in this industry are independent contractors who are hired on an availability basis only. If this is the case, then accident victims have the right to seek financial compensation from the truck driver. They can also seek a claim from their insurance provider rather than the trucking firm.

If the truck driver is an employee of a large firm, the company will be held liable for all damages sustained in the accident. This is called vicarious liability, a legal term that applies to all employers that commit a negligent act within the scope of their job description. Trucking firms could also be held responsible for an accident if they fail to provide training or instructions on how to drive a commercial truck.

What if the driver is not at fault?

Truck drivers aren’t always the only party at fault for a truck accident. Vehicle malfunctions might be to blame for an unexpected crash. Mechanical issues are often never found or repaired during the inspection of a vehicle by the company’s mechanics. It is vital to check the brakes and other mechanical parts before allowing a commercial truck onto the road. If this is not done, the truck driver may have difficulty controlling the truck. If any of the vehicle’s parts are defective, then the manufacturing company might be held liable if an accident occurs.

Other parties that can be at-fault

After a thorough investigation, legal officials may find a third party contributed to the commercial truck accident. Their findings may conclude that another vehicle forced the commercial truck to lose control and crash into a passenger car. Another example of how others may be held at fault is one business putting too much cargo into the truck’s container. Doing this can cause the vehicle to become unstable on the road. This is one reason there are strict weight limits. Given the number of potential liable parties, investigating a major truck accident is no small task.

Find a trusted commercial truck accident lawyer in Texas

It is important to hire an experienced personal injury attorney that can deal with these types of claims. These professionals have a solid understanding of how to determine who is at fault in a commercial truck accident. The best attorneys are caring, knowledgeable, and determined to get you the compensation you deserve.

If you have been in a commercial Truck Accident, contact Attorney Dean Boyd today. Our team can help you get fair compensation for your injuries, pain, and suffering. If you would like more information about how we can help you after a truck accident, call us at (806) 242-3333 or Contact Us by email. You can also visit our offices in person at 4423 SW 45th Ave in Amarillo, Texas or 10623 Quaker Ave #102 in Lubbock, Texas.

*The content on this website is for informational purposes only and should not be taken as legal advice. Viewing this information does not establish/constitute an attorney-client relationship with the law firm of Attorney Dean Boyd.