When an accident involving a truck occurs, it is not uncommon for the truck driver to claim that it wasn’t their fault. In most cases, the trucker will try to shift the blame onto other motorists involved in the accident. Such denial of liability often stems from the severe injuries and substantial property damage commonly suffered by the other party, which could result in significant costs for the truck driver’s insurer. However, the truth behind trucking accidents is often more complex than simply driver error.
One potential party that may be liable for a trucking accident is the manufacturer. If the truck had a faulty braking system, steering problem, or other mechanical issues, the manufacturer may be held accountable. In such cases, a truck accident lawyer would investigate whether similar accidents occurred in the past or if the manufacturer issued warnings or recalls regarding specific parts. If there is evidence of negligence on the part of the manufacturer, they can be deemed liable for the accident.
The maintenance crew also bears responsibility for ensuring the truck’s road-worthiness and safety. If maintenance personnel failed to properly inspect and maintain the vehicle, neglecting essential tasks such as checking the brakes or replacing worn-out tires, they can be held accountable for the accident. Their negligence can be considered just as significant as the truck driver’s role in causing the accident.
The company that employs the truck driver can also be liable for a trucking accident. If the company hired an inexperienced driver without providing adequate training, or if they allowed the driver to exceed normal working hours without proper rest, they may be at fault for negligent hiring or failing to enforce regulations. Additionally, if the company failed to maintain the truck or encouraged practices that compromised safety, they can also be held liable. Analyzing logbooks and seeking expert witness testimony can often help determine whether the company violated any rules or regulations.
In some cases, liability may extend to secondary manufacturers who supplied defective components. For example, if faulty belts or pulleys that hold the truck’s load caused it to shift and injure someone, the secondary manufacturer may share responsibility for the accident.
Of course, the truck driver themselves can be responsible for the accident. Violating traffic laws, speeding, tailgating, distracted driving, driving under the influence of alcohol or drugs, or driving while fatigued are all factors that can contribute to a truck driver’s liability. In many cases, the driver’s actions alone are deemed to be at fault.
Determining liability in a trucking accident requires collecting substantial data, including police reports, truck logbooks, manufacturer maintenance schedules, and other relevant documents. An experienced truck accident lawyer plays a crucial role in reviewing this data to establish what transpired and identify the legally responsible parties. Additional evidence, such as photographs of the crash scene, the police report, examinations of the involved vehicles, and data retrieved from the truck’s event data recorder, can also be crucial. In complex cases, accident reconstruction specialists may be consulted to perform a forensic analysis and determine the cause of the accident.
If you find yourself involved in a trucking accident in Indiana, it is important to seek legal representation promptly. An experienced truck accident lawyer will guide you through the process, investigate the details of the accident, and help you pursue the compensation you deserve. Remember, determining liability is a complex matter, and having professional support can make a significant difference in the outcome of your case.
At Hurst Limontes LLC, we offer free consultations for truck accident cases. During these consultations, we prioritize understanding the specifics of your situation, with your health and wellness being our utmost concern. If you need to speak with a personal injury lawyer about your car or truck accident, feel free to contact us at any time to schedule a free consultation.