Who Can be Held Liable After a Truck Accident?

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Who Can be Held Liable After a Truck Accident?

October 25, 2021
By Lafferty Gallagher Scott

Truck accidents generally occur due to operator error. Trucks are massive, have several blind spots, and drivers are not always as careful as they should be. The federal government, which regulates the trucking industry, has placed several requirements on drivers and companies, but those rules are not always thoroughly followed. In this article, we will discuss the liability chain of truck accident claims, beginning with the driver.

The driver

The driver of a truck is liable when they break any of the rules of traffic. A large number of truck accidents occur due to unsafe lane changes where the smaller vehicle is in the larger one’s blind spot. If the driver fails to check their blind spots prior to making the lane change, that would be one example of a driver-caused truck accident lawsuit.

The trucking company

The trucking company has a duty to obey regulations on the trucking industry, ensure all of their drivers are qualified to drive the trucks, make sure that their drivers are being trained properly, and maintain their trucks in roadworthy condition.

When you hear about personal injury settlements or awards going into the seven or eight figures, it is because the trucking company put the public in harm’s way by hiring an unqualified driver or by failing to maintain their vehicle in roadworthy condition.

Failure to conduct proper maintenance of the vehicle results in a large number of truck accident lawsuits every year. Trucking companies are obligated to inspect the vehicle once every 24 hours on the road and before any delivery. If a tire blows out, or some other system fails and this results in an accident, the trucking company can be held liable.

Another issue occurs when the trailer is not properly loaded. This can result in jackknife accidents, rollovers, and more. 

Maintenance and mechanics

It sometimes happens that a trucking company is assured that a problem is fixed only to find out later that the problem was not fixed. While all eyes would be on the trucking company for failing to maintain the vehicle, it may be that a mechanic is actually to blame for the failure that led to the accident. In that case, they can be named as a defendant in your personal injury lawsuit, too.

Uncle Sam or a third negligent party

The trucking company is responsible for trucks, but Uncle Sam is responsible for the roads. When a dangerous road condition results in an accident, the government can sometimes be held liable and will pay out the claim up to the statutory limit on torts against the government. 

In other cases, a defective tire or some other mechanical defect contributed by a third party will be the culprit. You can sue them, too.

Other drivers

Sometimes, other drivers on the road cause truck accidents too. It is not always the fault of the truck driver. They just have more obligations to the safety of others than the driver of a passenger vehicle, and rightfully so. No matter who is at fault for your injuries, our experienced injury attorneys can help you pursue the compensation to which you are entitled. 

Talk to an Ohio Truck Accident Attorney Today

If you have been injured in a truck accident, let Lafferty, Gallagher, & Scott handle your claim against the company. Call today to schedule a free consultation and we can begin the process of recovering your damages. 










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