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If A Truck Causes Me To Be In An Accident, Is The Trucker Or The Company Liable

If A Truck Causes Me To Be In An Accident, Is The Trucker Or The Company Liable

Finding fault by discovering negligence is very important in any type of vehicle accident case. In accidents, the driver at fault is the one whose negligence caused the accident and that person must pay for the damages they caused. In some cases, such as those involving trucks and trucking companies, it can be difficult to determine whose negligence caused the truck accident, the driver or the company, or even both.

Driver Negligence

Accidents caused by truck drivers' negligence do occur, but investigators must conduct a thorough and comprehensive investigation to prove it. Some reasons for such negligence include driving more hours than permitted by law, pulling a load that is too heavy, and driver carelessness.

Company Negligence

While it might seem that a trucking company itself would not be responsible for causing an accident because they were not the operators of the truck, a thorough investigation might show otherwise.

Mechanical failures and the upkeep of equipment can cause grievous accidents. A trucking company is responsible for making sure that their truckers' equipment is both fit for the road and able to safely complete the job. Failure to properly maintain trucks is a responsibility shouldered by the company. For instance, it is the company's responsibility to make sure their fleet passes DOT regulations for all aspects of safety, including brakes and signal lights. If a driver causes an accident because his brakes are not working properly, it is very likely the company was negligent for letting the truck onto the road with faulty brakes.

Shared Responsibility

Sometimes, a case will involve circumstances that prove a shared responsibility between both the driver and the company. An example of such a situation is a case that involves a severely road-worn tire that blows out while the rig is traveling down the road. The blowout results in the driver losing control of the rig and crashing into other cars on the roadway, causing significant property damage and injuries. In these circumstances, it is possible that a judge and jury could find that both the driver and the company shared responsibility for the accident. The company should have known the tires were in poor condition and needed replacing, and the driver should have known how to keep the rig under control and bring it safely to the side of the roadway without causing extensive damage to others.