Commercial trucking accidents are some of the most deadly on America’s roads. If you have been the victim of a trucking accident, determining truck accident liability is critical. Many truck accidents result from negligence, and there may be more than one cause or form of negligence that contributes to an accident.
If you’ve been injured in a truck accident in Florida or Georgia, trust Farah & Farah to act quickly and decisively to determine liability. Whether you need to purchase a new vehicle or be compensated for lost wages, medical expenses, or other damages, our team of experienced truck accident attorneys will fight for the justice you deserve.
Farah & Farah attorneys are standing by. Contact us 24/7 over the phone at (866) 366-0450 or reach out on our online form for your free, no-obligation case review now.
Potential Liable Parties in a Trucking Collision
Determining who is liable in a truck accident is complicated. For example, an incident where a truck driver collides with another driver may appear straightforward. However, a thorough investigation could uncover that a negligent inspection impaired the driver’s ability to operate the truck safely.
Let’s look deeper into the factors affecting truck accident liability:
The Truck Driver
Commercial truck drivers may be liable in an accident for many reasons. Some factors that may influence liability include if the driver consumed drugs or alcohol, broke traffic laws, was driving while drowsy or with certain health conditions, or was driving longer than the legally approved 14 hours at a time. In these circumstances, the driver may bear obvious responsibility for an accident.
However, there are complicating factors when it comes to truck accident liability that may merit further investigation. For example, is the driver self-employed, or did another company hire them? If they were hired by another company that was negligent in enforcing safe working conditions, then driver errors may also rest with that company.
The Trucking Company
In many cases, shared or full liability can fall on a trucking company, but proving fault can be challenging. Exposing the whole truth requires a qualified team of truck accident attorneys, investigators, and expert witnesses who can fight for you. Truck accident liability can be assigned to companies that carried out incomplete inspections, cut safety-related corners to increase delivery speed, or pushed drivers too hard with unrealistic deadlines and expectations.
While many trucking companies own their own trucks, that is not always the case. The question of liability may be further complicated when third-party truck owners are involved.
The Truck Owner
When the mechanical failure of a truck part is involved in an accident, it’s important for your lawyer to uncover any maintenance contracts between the trucking company, the owner of the truck in question if not the company, the cargo shipper, and the vehicle manufacturer.
The vehicle’s owner is typically responsible for maintenance, but the owner may be a separate entity from the trucking company. If the truck’s owner did not conduct adequate, routine maintenance on the vehicle (as mandated by federal guidelines), it could cause problems to go unnoticed. Because these issues should have been discovered and repaired, then the owner’s liability is increased.
However, when accidents involve a faulty truck part, the chain of liability may not end with the vehicle’s owner.
The Truck Manufacturer or Cargo Loader
In certain situations, truck accident liability may extend all the way to the manufacturer of a defective truck part. Defective parts can lead to tire blowouts, brake failure, and other critical malfunctions. If experts determine that the manufacturer’s negligence caused the failure of a part, then it may be added as a party to the lawsuit.
Additionally, some accidents involve the improper inspecting, loading, and securing of cargo on a truck. When cargo falls off a truck and damages another vehicle or causes injury, the cargo loader and their employer may be liable. There are detailed requirements for how a truck must be loaded that change depending on the size and weight of the truck. These requirements depend on the types of materials being transported and where they are being transported. Improperly loaded trucks can also affect a driver’s ability to safely operate their truck, increasing the risk of rollovers or preventing a driver from stopping quickly.
Trucking Accident Laws: Liability Factors in Florida and Georgia Truck Accidents
There are a variety of factors that must be considered when establishing truck accident liability. Based on their large size and very high interstate mileage, the insurance policies for a semi-truck or 18-wheeler can be worth up to $1 million dollars. With such high stakes, trucking companies and their insurers are very motivated to shift fault onto you to deny any responsibility.
That’s why the specific details of your particular accident are critical when determining who is liable in a truck accident, including:
- The extent of damage to your vehicle and the truck
- The presence of witnesses
- If driver error from any involved parties was a contributing factor
- The weather conditions on the day of the accident
- The speed at which all involved parties were traveling
- The truck driver’s mental, emotional, and physical state
Get a Free Case Review and See How Farah & Farah Can Help With Your Truck Accident Claim
If you — or someone you love — have been the victim of a truck accident in Florida or Georgia, our team of experienced, compassionate attorneys at Farah & Farah understands the hardship you are going through. Navigating the complex process of seeking rightful compensation is much easier when you have a dedicated team of truck accident attorneys standing up for you.
You need someone on your side.
If you’ve been in a trucking accident, contact us today to talk about your options for your case. Our truck accident attorneys have the expertise and resources to thoroughly investigate your case and fight for the compensation you deserve. We work on a contingency basis, so you won’t owe us a dime unless we win or settle your case.
For over 40 years, people across Florida, Georgia, and beyond — have trusted Farah & Farah in their time of need. Contact us over the phone at (855) 437-1535 or by scheduling your free case review online now!