Determining fault in a trucking accident is more complex than determining fault in a normal automobile wreck. Due to their much larger size and the heavy loads they bear, trucks that become involved in accidents may cause more damage.
They also fall under different rules, specifically those set by The Federal Motor Carrier Safety Administration. Liability also does not have to settle upon one person or group. Many parties may find themselves liable in the wake of a trucking accident.
Truckers and Their Employers
The truck operators may be liable if they violate FMCSA regulations or those of the road through actions like ignoring the driving and hour limits for truckers, speeding or driving while intoxicated. If the trucking company failed to do a proper background check and the driver has a past record of such violations or it failed to properly train the driver, the company may also be liable. The company may also bear liability for the driver not following the hours-of-service limits.
Loading large amounts of cargo requires caution. Unsafely loaded cargo may result in a serious collision. If an independent contractor was in charge of loading, the company may be liable if a wreck occurred because of an unsafe load.
Sometimes wrecks happen as a result of a factory defect in a part. In these instances, the manufacturing companies may be liable.
Trucking accidents may result in severe injuries and property damage. More than one group may be liable for these damages, depending on the cause of the wreck and whether or not all parties involved properly carried out their responsibilities.