How To Determine Who Is At Fault In A Truck Accident
Statistics state that in 2020, around 4,965 people died in large truck accidents. That means truck accidents are pretty common in the states.
Commercial truck accidents are indeed life-threatening and really dangerous. In case it does not take any life, it obviously leaves the surviving individual with several inuring or lifetime impairments.
In case you or any of your loved ones have encountered a truck accident, you can claim your compensation. Truck Accident Attorney St Louis is essential when you are planning for that. Only a Truck Accident Attorney St Louis will be able to help you get fair compensation.
First, it has to be determined who is at fault for the accident.
Who Is At Fault In A Truck Accident?
Driving a fully loaded big rig is really a thing. This occupation always requires both skill and precision. Here the driver who is driving the vehicle must be trained properly and also must be licensed fully for driving those giant commercial vehicles safely.
In case they fail to do so, it results in deadly accidents. Statistics state that truck drivers are to blame in most cases of trucking accidents. But multiple parties also can be held liable for a truck accident. And usually, they are the following.
- The trucking company.
- The truck driver.
- The truck manufacturer.
- The truck maintenance company.
- The passenger vehicle driver.
- The loading or shipping company.
You might already know that federal and state laws regulate truck accidents. Along with that, every individual transport department of state, the United States Department of Transportation, and the Federal Motor Carrier Safety Administration determine and also enforce trucking regulations and laws.
A number of regulations are considered while determining the liability of a truck accident. Any company which owns a trucking permit is mostly responsible for every accident that involves a truck that has displayed its name on the vehicle. Therefore, it becomes important for owners to understand all the insurance options for truck drivers.
Before this regulation, all those trucking companies pinned it on the driver or other parties in an attempt to avoid any type of liability.
Here, we also like to mention that additional state and federal laws mandate maximum weight permissions, rest for the driver, quality control of the trucks, and obviously safe transportation of hazardous things.
In case any of these laws are broken, it might prove negligence, and in that case, liability will be on the concerned authority or party. Every state requires the truck driver to follow some particular rules and regulations.
In case the driver breaks any of those rules, they will be found liable for a truck accident. Those rules usually include the following.
- No, DUI or driving under the influence of alcohol.
- Following all sleep requirements.
- Not driving over the permitted driving time.
- No driving under the influence of drugs, and that also includes prescription or OTC meds.
- Following all necessary rest-break requirements.
- Not using any handheld devices or any other distractions while driving.
- Keeping accurate and detailed log books.
- Obeying all posted signs and rules of the roads.
- Having a valid commercial driver’s license.
Or you simply can contact a Truck Accident Attorney St Louis to find out who is liable for the accident.
Identify Liable Parties
When we are talking about commercial truck accidents, determining the liability is more complicated than a typical minor collision between two private motorists. There still might be several potentially liable parties. That is why hiring a Truck Accident Attorney St Louis will be the best option to go with.
Now, let’s take a look at the parties that might be.
1. The Truck Driver
Driver error is considered the most prominent cause of most truck accidents. This can range from distracted driving, driving under the influence, driving fatigue, and a lot more things.
2. The Trucking Company
When it comes to finding whether the trucking company is liable for the truck accident, several things are taken under consideration, whether they have failed to maintain safety, whether they have employed any unqualified drivers, whether they operate their equipment on a day-to-day basis or not.
3. The Truck Manufacturer
The truck manufacturer might be identified as one of the liable parties in case they manufactured and sold any defective part which ultimately caused the accident.
4. The Maintenance Company
In case the maintenance company fails to fix any defective parts or damaged parts of the truck, it can be held partially liable for the accident along with the trucking company.
5. The Loading Company
Cargo companies are held liable for avoiding overloaded trucks. In case the weight and balance problem has contributed to the accident, the loading company might be held liable for the accident.
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