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In a Truck Accident, Is the Trucking Company or the Truck Driver Liable?

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Trucking companies are financially liable for damages caused by truck drivers. When a trucker causes damage to another person or property, the trucking company is legally responsible for paying any resulting claims. In addition, if a truck driver causes injury or death to someone else, the trucking company could be held responsible for those costs as well.

Who May Be Held Liable for a Truck Accident?

Trucking companies employ truck drivers who work long hours. Their employers are responsible for their actions. Other people may also be liable for trucking accidents. These include: "Trucking companies provide services to carriers. Carriers transport goods to customers. Owners of the cargo are responsible for its delivery. Local governments or contractors maintain highways.

If you or a relative were injured in a truck accident, it is likely that we could help you recover compensation for medical bills, pain and suffering, and other losses. We investigate and litigate all types of commercial truck accidents. Contact us today at www.thorntonesquirelwgroup.com if you need legal assistance recovering damages after being involved in a truck accident.

Gathering Evidence to Determine Liability After a Truck Accident

There is a variety of data to review after a commercial truck accident. Evidence collected at the crash scene includes photos taken by witnesses, video footage of the incident, and GPS information about the location of the collision. Reports from police include statements from eyewitnesses, police officers, and medical personnel. Examining the truck and other vehicles involved in the wreck requires downloading data from the vehicle's black box event data recorder.

Accident reconstruction specialists may also be consulted for an analysis of the crash. Truckers' logbooks should be kept for seven years after the accident. Records of accidents should be kept for three years. Witnesses should be interviewed, and statements were taken. Any trucks involved in an accident should be examined for damage.

Parties That Can Be Held Liable After a Truck Accident

Truck drivers must inspect their rigs regularly to make sure they are safe and in good condition. Fatigued or distracted driving is dangerous and could cause a truck accident. Criminal charges may result in a conviction. Truckers may face fines if their trucks are found to be unsafe. Truckers should be accountable for their behavior and safety on the road.

Companies must ensure that their drivers are properly trained before putting them on the road. Drivers must be held accountable for their behavior while on the road. Carriers must make sure that their drivers comply with the hours of service regulations.

Cargo Shippers and Loaders are those who load and unload goods. They must follow the rules about how much weight they can carry and what kind of vehicles they use. If there is a problem during transportation, then everyone involved needs to be present when the investigation takes place. Other vendors may also be held responsible for accidents.

Companies working with brokers may be liable if their negligence causes an accident. Manufacturers and distributors may be held liable if they fail to maintain their products properly. Government agencies and contractors are responsible for maintaining roads safely. Negligent contractors may be held liable for accidents that occur due to their negligence.

When Are Truck Drivers Liable for Damages from a Truck Accident?

Truckers are usually covered by insurance policies provided by the companies they work for. If a trucker is found to be at fault for causing an accident, then he or she may be held responsible for damages. For example, if a trucker was driving while intoxicated, then the trucking company could be held liable for any damage caused by that action. A truck driver who drives recklessly is liable for any injuries caused by this reckless driving. He is considered an employee of the trucking company, so he is also an agent of the company.

When Are Trucking Companies Liable for Damages from a Truck Accident?

Trucking companies must follow certain regulations regarding truck maintenance, operation, and hiring. These regulations help prevent accidents by ensuring trucks are properly maintained and operated. A driver who causes an accident could be held liable if he or she was negligent or violated the law.

The most common factors that make a trucking company liable for a truck accident include:

Poor Truck Maintenance

The FMCSA requires truckers to maintain their vehicles to ensure safety. Poorly maintained trucks put drivers and others on the road at risk for injury or death. Mechanical failures can be fatal if not repaired promptly. Truckers should rotate and wear out their tires regularly. Trucker brakes and steering system failures can lead to accidents. Drivers must check windows, mirrors, and lights before driving. Mechanical failures can result in serious accidents if they occur while trucks are being driven. Companies may be held responsible for injuries or deaths caused by mechanical failures.

Hours of Service (HOS) Violations

Trucking companies should be held accountable for enforcing HOS regulations. Companies that force or encourage drivers to exceed their limits could be liable for any injuries caused by fatigue. Electronic logbooks are an effective way to ensure compliance with HOS regulations, but some trucking companies have been found to use loopholes to avoid them.

Poor Hiring Practices

Truckers should be hired by companies based on their professional skills. Companies should perform a thorough background check before hiring a trucker. Companies should make sure that their employees have a valid CDL before allowing them to drive trucks. Companies should also ensure that their drivers do not have any negative records on their driving history.

Cargo-related Issues

A typical driver may have to lift over 100 pounds per day, but if he doesn't know how to load and secure cargo correctly, he could injure himself or others.

What if Multiple Parties Caused the Truck Accident?

Victims should always get as much money as possible in a case. Carriers will try to settle cases early. Settlements may seem generous but may contain hidden terms. Don't accept them until you've had an independent investigation done.

A truck accident lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, knows how to investigate truck crashes fully and how to develop strong cases against negligent truck drivers. Trucking company, manufacturers, Insurance Companies and others are held responsible for injuries caused by defective products or faulty equipment and work tirelessly to maximize compensation for injured victims.

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