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After a truck crash, it’s not always possible to know immediately who is liable. Depending on the circumstances, a trucking company can be held liable for a truck accident, in addition to several other potential parties.
Trucking companies are responsible for ensuring their vehicles are safe and operated by qualified drivers. If they fail to meet these responsibilities, they may be held accountable for accidents.
Determining liability in a truck accident can be complex, and it often requires a detailed investigation. A Fort Myers truck accident lawyer can investigate and hold the right parties accountable, ensuring that you or your loved ones are not left to shoulder the financial burden.
When Is a Trucking Company Liable For Accidents?
Trucking companies have a legal duty to operate their fleets and businesses safely. They are required to follow state and federal trucking regulations to minimize danger and accidents on the roads.
Here are some common scenarios where a trucking company may be held liable:
Negligent Hiring Practices
Trucking companies must ensure their drivers are properly licensed and trained to operate large commercial vehicles safely. If a company hires a driver with a history of safety incidents, substance abuse problems, or a lack of necessary training, they can be held responsible for any accidents caused by that driver.
Vehicle Maintenance Problems
Commercial trucks require regular inspections and maintenance to stay roadworthy and safe. If a trucking company fails to maintain its fleet or submit to regular inspections, it can be liable for accidents caused by these failures.
A Fort Myers personal injury lawyer with experience handling truck crash claims can investigate their inspection records and seek evidence to determine what went wrong. From there, they can begin building your case.
Violating Hours-of-Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on how many hours a truck driver can work without rest. These are defined as Hours of Service regulations. When trucking companies pressure their drivers with unrealistic schedules or push drivers to skip breaks or falsify logbooks, they put everyone on the road at risk.
Fatigued driving is a major cause of trucking accidents, and trucking companies that encourage unsafe practices may be held accountable.
Improper Cargo Loading
When a truck has improperly loaded cargo, the load can shift and cause the truck to lose control, overturn, or dump its cargo into the road. Overloaded or improperly balanced cargo creates a hazard that can result in a serious accident. In this situation, cargo loaders or trucking companies may be held liable for a crash.
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How Is Liability Determined in a Truck Accident?
Determining liability in a truck accident often involves looking beyond the driver and examining the trucking company’s role. This process requires gathering evidence. Your truck accident attorney can gather and subpoena evidence that will help clarify responsibility and build your case. This evidence might include:
- Driver Records: Employment history, training certifications, and driving logs
- Maintenance Logs: Inspection Records and maintenance documentation showing whether the truck was properly inspected and maintained
- Company Policies: Emails, texts, or other internal communications that may show the company encouraged unsafe practices
- Black Box Data: Can reveal speed, braking, and other critical data about the circumstances that led up to the crash
The trucking company is already prepared with deep pockets and a legal team to defend its bottom line. This is why you need to reach out for legal representation of your own.
What Compensation Can You Seek?
If a trucking company is found liable for your truck accident, you may be entitled to compensation for:
- Medical Expenses: Both current and future medical costs related to the accident
- Lost Wages: If the accident causes you to miss work or impacts your ability to earn income in the future
- Pain and Suffering: For the physical and emotional toll of the accident
- Property Damage: To repair or replace your vehicle or other belongings damaged in the crash
Truck accident cases often involve significant damages. You need a lawyer to help ensure that none of your losses are overlooked or unaccounted for.
Click To ContactContact Our Truck Accident Law Firm to Learn More About Liability in Your Truck Accident
When a trucking company is involved in your accident, things can get complicated. These companies often have powerful insurance providers and legal teams working to protect their profits. You need someone to look out for your interests and your well-being.
If you’re still wondering what you need to know after a trucking accident, reach out to Viles & Beckman. We’re here to hold the right people accountable so you can go on healing. Our team has recovered more than $100 million in compensation, and we’re ready to go to work for you as well. Contact us today for a free consultation to learn more about how we can help.
