My Love Of The Law

Who Is Responsible For A Trucking Accident?

by Alan Medina

When you are involved in an accident with a commercial truck, you have to tackle the question of who is liable for your accident. The answer might not be as easy to find as you think. If you have been involved in an accident, here is what you need to know. 

Who Is Possibly Responsible?

The most obvious answer to who is responsible for your accident is the truck driver. However, even though he or she was behind the wheel when the accident occurred, other parties might be liable. 

The owner of the truck could possibly be responsible. Many truck drivers contract with or are employed by trucking companies who are responsible for the maintenance of the trucks. As a result, the trucking company is usually responsible for any accidents that occur involving the truck. 

Another possible responsible party is the manufacturer of the truck or the components that caused the accident. For instance, if the tires malfunctioned and caused the accident, the tire manufacturer would be responsible because of the defective design of the tires. 

If the trucker was carrying a load that was improperly loaded, the shipper or loader who was responsible for loading the vehicle could be liable if the load was not properly balanced. 

In some instances, more than one party could be possible liable.

Who Can You Sue?

Whether or not you can hold more than one party liable for your accident depends largely on the circumstances. 

For instance, if the tires did malfunction, not only could you hold the tire manufacturer responsible but the trucking company and the truck driver could also be liable. The trucking company is responsible for checking the condition of the tires and the driver is responsible for ensuring the checks are done. 

How Can You Prove Responsibility?

Police reports and witness statements are still useful in helping to prove liability, but there are many other sources of data that you can use to prove your case. For instance, trucking companies and their drivers are required to keep detailed records of everything from maintenance logs to driving records. 

Some trucks are even equipped with technological devices that can be useful to you. For instance, a number of trucks are equipped with GPS devices that can help pinpoint location. 

Your personal injury attorney can help you with pinpointing the party responsible for your accident and determining what evidence is needed to prove your case. If you have not secured legal representation, consult with attorneys like Bennett & Zydron PC immediately to ensure that the evidence is preserved for your case.