If you are the driver of a car that was involved in an accident with a truck you may wonder who is liable for the truck accident? Is it the driver, the trucking company, the manufacturer of the materials being shipped? Let’s evaluate further.
First, the main focus of liability is on negligence. So, if the driver of the car is to indicate that the truck is liable they must show negligence. Did the defendant fail to exercise reasonable care to avoid injury? Was that failure of reasonable care the cause of the injury? Both of these items must be proven to indicate the truck was liable for the accident. An example that proves negligence is: The driver of the truck failed to follow regulations about how many hours he could drive without resting. He drove more hours than allowed and fell asleep at the wheel. While he was asleep at the wheel he crashed into the car.
Who is Liable?
Once negligence has been determined it is important to also consider who is liable? The driver is an obvious person to consider. The trucking company should also be evaluated.
To prove that the trucking company is liable a relationship must be established between the truck driver and the company. Does the company exercise control over the driver? If the driver is an independent contractor how much supervising is done by the company?
Sometimes the manufacturer of the materials is liable for injuries. This is particularly true if the materials were hazardous and caused or worsened the injuries of the crash.
People involved in a truck accident that was due to the fault of the truck driver are entitled to compensation for physical injuries and financial losses caused by the accident. To learn more contact us.