When we think of liability in car or truck accidents, we tend to think only of those directly involved and affected by the accident, such as the drivers and passengers. However, legal liability may extend beyond those directly involved in the accident to other parties whose actions or inaction may have contributed to the conditions that caused the accident. In cases involving commercial trucking, this may mean that trucking companies are investigated as a potential source of legal liability.
How Can a Trucking Company Be Liable?
Providing negligence is at the heart of legal liability in a personal injury case. In a trucking accident, negligence may occur when a trucking company fails to exercise reasonable care in its operations, leading to an accident.
Examples of ways in which a trucking company may bear legal liability in a commercial truck or big rig accident include the following:
- Failing to properly maintain and service their fleet of vehicles, resulting in mechanical failures leading to an accident.
- Neglecting to properly train their drivers on safe driving practices, leading to unsafe behaviors on the road.
- Overlooking the importance of conducting thorough background checks on drivers, potentially hiring those who are unqualified to drive a commercial truck.
- Ignoring federal regulations regarding the maximum number of hours a driver can operate a vehicle, leading to driver fatigue.
- Not enforcing load restrictions and proper cargo securing procedures, which can cause unbalanced loads and increase the risk of rollovers or lost cargo causing accidents.
Determining Trucking Company Liability in Your Case
Identifying whether a trucking company shares responsibility for your accident and injuries requires a thorough understanding of personal injury law, coupled with an expansive investigation of the circumstances of your accident. To aid you in this process, you are encouraged to consult with an experienced personal injury attorney like ours at Katz Kantor Stonestreet & Buckner, PLLC.
Factors that may be considered when identifying potentially liable parties in a trucking accident include:
- The trucking company's compliance with federal and state trucking regulations
- Vehicle maintenance records
- Driver's qualifications and training
- Driver's work hours and log books
- Accident scene investigation
- Cargo loading procedures
- The company's safety record
- Witness testimonies and camera footage
- Vehicle's Electronic Logging Device (ELD) data
What to Do If You or a Loved One Were Involved in a Commercial Trucking Accident
If you were injured or someone you love was killed in an accident involving a commercial truck, knowing where to turn can feel impossible. Furthermore, even if you think you have grounds to seek compensation, filing a legal claim may be daunting and confusing. However, you do not have to go through this alone. Seeking qualified legal representation can give you the support and guidance you need.
Seeking compensation can be instrumental in helping you or your loved one access the compensation you/they need to heal and move on. This is especially true in cases that involve catastrophic injuries. These types of injuries are more common in truck accidents, and they can leave victims with chronic pain and lifelong disabilities.
Victims of trucking accidents may suffer from severe injuries that can have life-altering consequences. Some examples include:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Severe Burns
- Amputations
- Multiple Bone Fractures
- Internal Organ Damage
If you or a loved one was injured in a truck accident, turn to our attorneys at Katz Kantor Stonestreet & Buckner, PLLC. We are ready to help you determine if you have grounds for a negligence case against the trucking company (or other liable parties) involved.