How Is Liability Determined in a Trucking Accident?

Following a trucking accident, victims have the legal right to pursue financial damages for the losses they sustain. Determining legal liability is a major concern if you have been injured in a collision with a truck.

An accomplished attorney can help you hold the at-fault party accountable. This will ensure that you receive all of the financial damages you are due.

In many cases, there are several parties involved in trucking accidents. A knowledgeable legal professional can review the facts of the case to determine which party or parties are responsible.

Potentially Liable Parties

Every trucking accident is unique. However, there are several potentially liable individuals and parties in most trucking collisions.

For instance, the following parties may be responsible for a crash:

The Truck Driver

Many truck accidents are caused by the person operating the commercial vehicle. For example, they may have broken the traffic laws and caused a collision.

Speeding, driving while distracted, and driving under the influence of drugs and alcohol can result in an accident. However, the driver may have caused the accident because they had been driving long hours, driving at night, or experienced an underlying health condition.

The Trucking Company

The trucking company, also known as the “motor carrier,” could also be responsible. If the company has not completed certain safety inspections, it could result in an equipment malfunction.

Sometimes, negligent companies cut corners with hiring practices, driver training, or background checks. This can lead to dangerous situations on the roadways.

Cargo Loaders

In many cases, trucking accidents are the result of improperly loaded cargo. Oftentimes, a trucking company will ship cargo owned by another entity.

If the cargo owner or loader did not properly inspect the freight, they could be liable for any accident that occurred as a result. Similarly, the cargo loader may be at fault for incidents that occurred because a commercial truck was overloaded.

Determining Liability with the Help of an Attorney

These are only a few examples of the potentially liable parties in a trucking accident case. When you contact a skilled legal professional, they will examine the various elements of your accident claim, including:

  • Location
  • Weather conditions
  • Police accident reports
  • Medical records

The trusted trucking accident attorneys at Harlan Law will gather evidence to help you determine liability in your case. To speak with a knowledgeable legal specialist, contact Harlan Law today.