Who’s Liable in a Trucking Accident?
Proving liability in a trucking accident can be more complicated than in a passenger vehicle accident, as there may be multiple parties involved in the truck’s loading, maintenance, and operation. Get the facts on who may be held liable in a trucking accident so you know how to protect your rights.
Most trucks on the road are commercial vehicles, which means they are owned, leased, or operated by a company or business. As such, the truck driver, the trucking company, or the truck’s cargo loaders may be held liable for an accident involving one of their company’s trucks.
Because truck drivers operate commercial vehicles, they assume a heightened level of responsibility while driving. For example, truck drivers must observe a stricter legal limit for blood alcohol concentration (BAC) at 0.04%, compared to ordinary motorists’ legal limit of 0.08%. Truck drivers also must obey federal hours-of-service regulations put in place by the United States Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA). If truckers violate these regulations and subsequently cause an accident, they may be held liable for damages.
Many people assume that, most of the time, truck drivers are responsible for accidents. Frequently, however, the trucking company is the party that may be held liable for damages in a trucking accident. If trucking companies do not maintain their fleet properly, skip mandated safety inspections, hire drivers who should not be on the road, or encourage their drivers to violate hours-of-service regulations, they may be held accountable for any accidents involving their trucks.
Truck cargo must be loaded with an even weight distribution, and packed so that items do not become loose in the truck’s trailer. When this does not happen, the truck may become unstable while moving at fast speeds, and the truck driver may lose control of the vehicle. If this loss of control ultimately causes an accident, the truck’s cargo loaders may be held responsible for the accident.
If you have been injured in a truck accident, it may seem overwhelming to go up against trucking companies when you want to focus on recovering from your injuries. At Cunningham Bounds, we have handled cases on behalf of thousands of clients who have been seriously injured by another’s negligence. Our team of Mobile truck accident attorneys has the resources and experience necessary to handle your case, no matter how complex.
Contact Cunningham Bounds at (251) 299-0101 to learn how we can help you.