Who is Liable in a Commercial Truck Accident?
If you’ve been in a truck accident, you know that it’s not like any other motor vehicle accident. The consequences can be much more serious and the financial burden much greater. Once you’re out of immediate danger, you will need to start thinking about who is responsible for the accident so that you can get the compensation you deserve. It’s important to remember, however, that your health and recovery are your top priorities. A Jersey city truck accident attorney may be able to help you secure compensation for any injuries you suffered in the crash.
Possible Responsible Parties
A lot of different parties may have played a role in causing the crash, including the following:
Truck Driver Negligence
If found to be negligent or reckless behind the wheel during a truck accident, the truck driver will be accountable to some extent. Examples of negligence include drunk driving, driving while distracted or fatigued, or violation of traffic laws like speed limits or yielding signals.
Trucking Company Liability
The trucking company that employed the driver may also be liable for an accident if they failed to provide adequate training and safety measures for their drivers. Additionally, if a company has been known to violate regulations by forcing its drivers to drive longer than legally allowed without proper rest periods, it could also be held accountable for your injuries.
In some cases, manufacturer liability may also come into play. If there were any defective parts on the truck that caused the accident, the manufacturer could be held responsible for any damages incurred from the incident. This includes parts such as brakes and tires that have been deemed faulty after an investigation of the crash scene.
Maintenance Companies & Loading Facilities
Poor loading practices can lead to trailers becoming overloaded and unbalanced which can cause an increased risk of rollover incidents among other types of crashes caused by inadequate trailer weight distribution.
Maintenance companies are similarly liable if they fail in their duties when it comes time for regular maintenance checks on vehicles before allowing them back onto the roads.
The Employer Of The Driver
In many cases, employers may also be held responsible for an employee’s negligence through something called respondeat superior (Latin for “let the master answer”). This law holds employers liable when employees act negligently while acting within their scope of work.
You Should Hire an Accident Lawyer
When multiple parties are at fault for an accident, insurance specialists may try to pass off blame onto one party or another to minimize their own losses. A Jersey City personal injury lawyer can help ensure that each party is held accountable for their fair share of responsibility in the crash so that everyone affected gets the compensation they need and deserve.
An attorney will also make sure that all paperwork is filed correctly with insurers as well as legal documents needed for court proceedings should they become necessary. They can also provide advice on how best to proceed with negotiations or other procedures related to the case.
While recovering from a truck accident can be difficult — both physically and financially — having an experienced attorney on your side can make all the difference when negotiating with insurance companies or taking legal action against those responsible for your injuries. If you need help after a truck accident, contact us to schedule a free consultation.