When you’re involved in a trucking accident, the question of who is responsible becomes very important, very quickly. Unfortunately determining who is liable for a truck accident is also directly tied to one or more of the many causes of such an incident.
Truck accidents can be truly catastrophic in scope, far more than accidents involving smaller vehicles, because of the sheer momentum and weight of the big rig. Seeking compensation for the devastating injuries you may have suffered requires understanding what caused the accident, and who can be held liable. Determine how truck accident causes play a vital role in liability for your accident case, and how having an attorney can help you get full compensation.
Truck Accident Causes
There are many different truck accident causes, and each ties back to a different potentially responsible party or parties. A driver can hold a great deal of responsibility if they weren’t paying enough attention if they were distracted or if they were driving under the influence. The packing, shipping or cargo loading company can be held responsible if the cargo wasn’t properly loaded, balanced and secured.
The manufacturer of parts could be responsible if the tires are bad, the brakes go out unexpectedly, there’s engine or transmission problems or any other mechanical defects. The maintenance crew could be at fault if they fail to check the truck thoroughly. In many cases, the owner of the truck, or the trucking company for whom the trucker works hold some responsibility.
Liability and Federal Trucking Laws
In many cases, the trucking company might try to get out of liability by claiming that the truck driver is an independent contractor, and thus they can’t be held responsible for the accident. You should understand that current Federal laws forbid this These laws are in place to create standards for trucking company operations, for safe driving practices, and to establish liability for trucking accidents.
Under these current laws, the trucking company is responsible for any accidents that involve a truck displaying the company’s name on the vehicle or its operations placard. It doesn’t matter that the trucker is an independent contractor; the government holds the company responsible.
Stopping the Arguments
It’s not just the trucking company that will try to pass blame, however; often all the potential parties responsible will argue over who is responsible, blaming each other and even the victim for the accident, all in an effort to avoid paying out. When a trucking company or any other party is held liable for such an accident it can be very tough on their business. When an insurance company pays a large sum, they take a hit to their profits.
When you’re the victim of such an accident, it’s infuriating, scary and frustrating. You need help to put a stop to the blame game and hold the responsible parties liable for your injuries. For many years, the Nashville truck accident attorneys at Mitch Grissim & Associates have helped people get the compensation they deserve for their medical bills, lost compensation, pain and suffering and more. Call us for a consultation on your case today.