Breaking Down Liability in Truck Accident Cases
When trucks cause crashes, the resulting number of questions outnumbers the answers that follow. Before you know it, you have already moved on from the shock of the collision to trying to determine who’s responsible for causing the accident.
“When dealing with collisions involving trucks, there is an array of liability factors that must be identified through a thorough process of investigation,” explains Jess Jordan of McCready Law Injury Attorneys.
Getting acquainted with the concept of liability can help you make sense of your own situation.
Parties That Can Be Held Liable
Truck accidents may have more than one party responsible for the crash. Apart from the driver, other parties that could be held responsible include the trucking company, the loaders of goods, and even maintenance companies.
Each party plays a distinctive role in the handling of the commercial truck. The party loading the truck can be found guilty if the cause of the crash is the imbalance of the load in the truck.
In accordance with Illinois state laws, a person who suffers injuries because of a truck accident may file a lawsuit against several parties. In determining liability distribution, there should be an examination of the actions that occurred before the incident through contracts.
The Part Played by Truck Drivers in Proving Liability
When analyzing an accident case, truck drivers are typically the first point of consideration. A truck driver’s behavior during their drive could lead to accidents through speeding, improper lane change, and distractions.
A third factor that causes truck accidents is fatigue. Drivers who violate federal hours-of-service regulations might be more prone to making mistakes.
The behavior of truck drivers is compared to what is considered the behavior of a reasonably prudent person. When a driver fails to exercise proper care and caution, they will be liable.
Cases Where Trucking Companies are Considered Liable
A trucking company may be considered liable based on the doctrine of respondeat superior. This implies that an employer is liable for actions committed by employees while carrying out their work.
However, a trucking company will try to prove that the driver is an independent contractor and not an employee. Factors such as the extent of control of schedules, routes, and equipment may determine whether this defense holds.
A trucking company may also be deemed directly liable. Failing to train the drivers or service the vehicles may provide another basis for filing lawsuits.
Third-Party Liability in Truck Accident Cases
Truck accidents aren’t always restricted to the negligence of the driver or the trucking company. In some situations, a third party might be responsible for either the accident or one of the causes behind the crash.
For instance, brake or tire defects could mean that there was a problem with their maintenance or manufacture. Likewise, unbalanced or unstable cargo could become a serious hazard while en route due to shifting during transit.
Finding third-party liability would call for further analysis and scrutiny. The involvement of other parties could mean an even more complicated case, but also provide further opportunities for compensation.
Effects of Federal and State Regulations on Liability
Truck transport is regulated by a series of federal and state regulations aimed at ensuring safety while driving. This includes rules covering driver fitness, hours of operation, vehicle inspection, maintenance, and cargo restrictions.
A violation could be pivotal in establishing liability. For instance, breaking driving hours regulations or neglecting vehicle maintenance is sufficient evidence of negligence without further documentation.
The courts usually use these regulations as yardsticks of reasonableness. It is easier to prove liability where there is evidence that a regulation was violated.
Conclusion
Truck accidents have numerous responsibilities involved beyond those of a regular car accident. The importance of knowing who is at fault in such accidents cannot be overstated.
For anyone injured in a truck accident in Illinois, seeking legal representation for your case may be a smart decision. An attorney can help you identify the liable parties and ensure that you get the compensation you deserve.
