Truck Accident Liability: What You Need To Know

Suffering an injury as a result of a truck accident can be life-changing. If you’re critically or permanently injured, it may never be the same again — and the likelihood of catastrophic injuries is higher with truck accidents than it is with car-on-car accidents. Here’s what you need to know about who can be held liable in your truck accident case.

The Truck Driver

Most often, it’s the truck driver who is held responsible. If he or she is driving negligently, drinking and driving, or operating the truck against regulations (such as driving too many hours, leading to severe fatigue), the driver is typically considered at-fault. The driver’s insurance company would be the one to pay out on a claim, however, in some cases, a driver may be held personally financially responsible.

The Company the Truck Driver Works For

Companies that fail to properly train their employees or fail to provide safe, working trucks for drivers may be held responsible for a truck accident.

The Maintenance Facility

In cases where a truck is improperly maintained, the facility where the truck received maintenance may be considered at-fault. For example, the maintenance facility may be held liable if they did not properly install new brake pads as directed and the truck could not come to a stop and rear-ended another driver.

The Owner of the Truck

Truck owners have a responsibility to keep their trucks in good, working condition, especially when those trucks are used in commercial transport. Often, the truck owner is the same as the trucking company, or in cases of owner-operator trucks, it may be the driver. However, this is not always the case. The owner may be a separate entity entirely and may be liable for injuries caused by his or her negligence in maintaining a safely operable truck.

More than One Party

Contrary to popular belief, it is possible to hold more than one party responsible for damages if they played a role in causing the accident. For example, if the maintenance facility failed to properly install brakes but the driver was intoxicated at the time of the accident, both may be considered at-fault and each may be sued for damages.

Involved in a Truck Accident? Contact Avid Personal Injury Today

At Avid Personal Injury, we know how devastating a truck accident can be. We also know that going head-to-head with the legal teams of large trucking companies is difficult and intimidating. We can help. Call today for a consultation at 240-561-7433.