Who Can Be Held Liable for a Truck Accident?
After a truck accident, it is important to determine what party is liable, or legally responsible, for causing the collision. This party will be responsible for paying damages to cover medical bills, lost earnings, and all losses or injuries the accident has caused.
Determining liability can be difficult, sometimes requiring a reconstruction of the accident and a complete investigation into every aspect of the collision. Depending on the findings of an investigation and accident reconstruction, a liable party may be:
- A truck driver. If a truck operator is tired, distracted, or is driving under the influence of alcohol or drugs, he or she may be responsible for causing an accident. The same may apply if the trucker commits a traffic violation or acts in a careless manner while driving.
- A trucking or shipping company. Trucking and shipping companies can be held liable for violating trucking regulations, such as forcing drivers to operate in excess of hours-of-service rules. They can also be held liable for negligent maintenance or loading of trucks.
- A loading company. A company or person responsible for loading a truck may be liable if the truck is improperly loaded, imbalanced, or unsecured, and this causes a collision.
- The manufacturer of a truck or its parts. If any part of a tractor-trailer or big rig malfunctions due to a design or manufacturing defect, this may mean that the manufacturer is liable – if the defect causes a collision.
There are other parties that may also be responsible for causing truck accidents, such as other drivers, or municipalities or other entities that have an obligation to design and maintain safe roads.If you’re ready to find out who caused your accident, call Ortega, McGlashan, Hicks & Perez, PLLC. We offer a free consultation with an El Paso truck accident attorney who can offer insight based on your specific situation. To get started, give us a call at (915) 206-5154.