Truck accidents are different from other types of motor vehicle accidents. They are devastating occurrences that lead to severe injuries, life-altering health conditions, significant damage to property, and even death.
If you are a truck accident victim, you’ll need an 18-wheeler accident attorney from the Morris Bart law. Comprising 100+ attorneys and 150+ legal professionals, Morris Bart is a great choice for those looking for skilled legal representation. Their most recent successes in truck accident cases include winning $490,000 and $337,500 in compensation.
When a truck accident happens, determining liability for injuries and damages can be difficult. While the truck driver may be at fault in the accident, the trucking company that owns the truck or employs the driver can also be responsible. This can result from not carrying out regular maintenance, poor training, or allowing the driver to work beyond the permitted hours.
For example, a trucking company may fail to properly train all its drivers to handle flammable or hazardous products and materials. In this situation, the driver transporting flammable products might not be aware of the safety protocols. If an accident should occur in this situation, the trucking company could be held liable for lack of training.
Recent statistics show over 49% of fatal truck accidents have happened in the past 10 years. In 2022, a total of 5,936 people were fatally injured in truck crashes.
It’s important you understand how and when a trucking company can be held responsible for a truck accident. In this article, you’ll discover scenarios where a trucking company can be liable for a truck accident.
Different Liable Parties In A Truck Accident
Here are the parties you can hold liable in a truck accident.
- The truck driver
- The truck company
- The truck manufacturer
- Vendors that provide services to the carrier
- The owner of the cargo
- The government for contractors that are responsible for highway/road design and maintenance
3 Situations Where A Trucking Company Can Be Held Liable For A Truck Accident
Some situations where a trucking company can be held responsible for a truck accident are mentioned in.
When They Fail To Hire The Right Drivers And Provide Proper Training
The trucking company is responsible for hiring competent and qualified drivers. If the trucking companies fail to provide adequate training, conduct comprehensive background checks, or verify driving records, you can hold them liable for any accident caused by their employee.
While it’s compulsory for truck drivers to undergo several training courses, this training does not entirely cover all the essential skills they need to drive safely. For example, advanced training in truck driving may include:
- How to efficiently secure cargo
- Driving in inclement weather
- Transporting of hazardous or flammable materials and products
- Handling flatbed trailers
If a trucking company refuses to train their drivers on how to drive safely, the company can also be held responsible.
If The Trucking Company Violates Hours Of Service (HOS) Regulations
The FMCSA (Federal Motor Carrier Safety Administration) established regulations concerning the number of hours a truck driver should be on the road. Violations of this rule can result in driver fatigue, increasing truck accident risks.
If the trucking company encourages or knowingly allows drivers to violate the Hours of Service rule, it can be held liable for any accident that may occur.
When They Allow Trucks With Mechanical Problems To Operate
Some trucking companies may know that their trucks have mechanical issues but still allow their drivers to operate them. This is a severe safety hazard and can expose the trucking company to liability if an accident should occur.
If a trucking company allows their trucks to operate with known mechanical problems, the truck driver, other road users, and the general public are all at risk.
