Conyers Truck Accident Lawyer

Who Can Be Held Liable in a Truck Accident Lawsuit?

There are various possible defendants in a truck crash that causes fatal or serious injury. No matter the cause, a wreck of this nature can result in catastrophic, and sometimes fatal, injuries. Identifying the party at fault for the accident is one of the preliminary steps in filing a personal injury lawsuit. In some cases, multiple parties can be held liable.

The truck driver

Most commonly, truck wrecks happen due to driver error. Truckers must follow a great deal of local, state, and federal regulations. Perhaps the most important of these are the rules about how long a trucker can be on the road in one stretch. Mainly, truckers are only allowed to drive for 11 hours before they must take a 10-hour break and cannot drive more than 60 hours in one week. 

However, tight deadlines for deliveries often lead to truckers driving longer than they are legally allowed. They may also drive after not getting enough sleep. Drowsy drivers, along with inexperienced drivers, may make improper maneuvers, such as speeding and dangerous lane changes, that lead to crashes.

The trucking company

Trucking companies, carriers, and/or owners are responsible for ensuring their 18-wheelers are safe and are operating properly. They are also responsible for hiring qualified drivers, ensuring inspections are regularly conducted, and enforcing trucking regulations. In some cases, failure on the part of the trucking company presents itself as mechanical issues. 

For instance, the truck itself may have under- or over-inflated tires or bad brakes. The truck owner, which might well be a large company, can be responsible for a failure to properly maintain the truck. Perhaps the brakes failed or the lights were not functioning properly. If, after a full investigation, it is found that there is some sort of maintenance failure, the trucking company can well be named as a defendant in a personal injury case involving a truck crash. 

Cargo loaders, truck manufacturers, and other parties

As heavy as semi trucks are, they can tip over if they are improperly loaded. Cargo must be balanced in the truck, from front to back, side to side, and top to bottom. If loading is not done properly, cargo may fall off the back of the trailer, or the trailer itself may roll over, especially when the truck goes around turns.

The manufacturer of the truck may also be held liable in the event of some wrecks. If a part of the truck malfunctions, especially if it fails well before it is supposed to be replaced, the company who made the truck is responsible for making victims whole again. Manufacturing defects may include tire blowouts, engine or brake failure, steering failure, and more.

There are also other parties that are involved in the trucking industry and may therefore be held liable in the event of a crash. For instance, some trucking companies have third-party dispatchers, mechanics, and administrative work vendors. If any of these parties fail in their duties and therefore cause a crash, you may be able to hold them liable.