Who May Be Liable for a Truck Accident?
Southern California is covered in busy highways, from Cabrillo Highway and I-8 to I-710 and Wabash Freeway. These roads are often packed with tractor-trailers, especially during the week when truck traffic is at its heaviest. Most hauls cause no issues, but when something goes wrong, it can be catastrophic. Victims of truck accidents are often left with tens of thousands of dollars in medical bills, not to mention vehicle damage and other losses. That’s why it’s important to work with a legal team committed to fighting aggressively for injured victims. Find out how DeWitt Algorri & Algorri can help you now by calling us at 855-WINNING (946-6464).
A big part of determining liability in a truck accident is figuring out what initially went wrong. The FMCSA worked with the NHTSA to determine some of the most common causes of collisions. Almost 90% of crashes were caused by one of the drivers, with just 10% being caused by vehicle issues. Some of the most common causes of truck accidents across the United States include speeding, over-the-counter drug use, inadequate surveillance, drivers feeling pressured to work by carrier, and illegal driving maneuvers.
Truck Driver Liability
Truck drivers play a critical role in commercial vehicle safety. When they fail to make safe and reasonable driving choices, they put themselves and others at risk. There are numerous circumstances under which a truck driver may be to blame for a crash:
- Distracted driving: It’s all too easy for drivers to get distracted by their phones, tablets, conversations, or food and drink. This risk is even greater for commercial drivers, who may be on the road for 11 hours at a time.
- Speeding: Speeding is always dangerous, but it’s particularly risky for commercial truck drivers. A tractor-trailer already takes far longer to stop than a standard vehicle, and speeding only increases a truck’s stopping time.
- Fatigued driving: Truck drivers are at heightened risk of fatigued driving, due to the amount of time they spend behind the wheel and the pressure they face from employers. A fatigued driver is less able to concentrate on the road, reacts more slowly to obstacles, and is less likely to make sound decisions.
It’s important to note that even if a driver is at fault for an accident, they may not be liable. If they are employed by a trucking company, it’s likely that liability will ultimately rest with the company. But if the driver is a contractor or owner-operator, they could be liable.
When Trucking Companies Are Liable
Trucking companies are obligated to put safe drivers on the road, avoid overloading drivers with excessive work, and keep trucks in working order. If a company fails to exercise due caution when hiring drivers, they may be to blame when one of those unsafe drivers goes on to cause an accident. They may also be held liable when a driver is forced to take hauls without proper training, testing, or supervision. This often happens when a company is understaffed and pushes drivers into independent work before they are ready. Failing to do regular inspections and maintenance on trucks is another source of company liability, and again, this often happens when companies are trying to meet deadlines.
Manufacturer Liability
Although truck issues are only responsible for about 10% of collisions, vehicle malfunctions are always a possibility. Unfortunately, these defects are rarely found until they have already caused at least one serious accident. If a vehicle component is poorly designed or manufactured, it may just be a matter of time before an accident happens. Trucks may also cause collisions when they have inadequate safety features. No matter how well-trained drivers are, truck accidents happen—and trucks must be fitted with safety features that reduce the risk of collisions as much as possible.
Cargo Loader Liability
Cargo must be carefully loaded to avoid overloading or unbalancing a truck. When cargo loaders fail to account for the possibility of shifting cargo, load heavy items on top of lighter items, or create an unbalanced load, they may be held liable for any crashes that follow.
Injured in a Truck Accident? Contact DeWitt Algorri & Algorri Now
No matter who is liable for your truck accident, it is crucial to work with a truck accident attorney who is committed to fighting for you. We know that you’re up against large legal teams and trucking companies with aggressive insurance representatives, and we’re ready to hold them accountable. Set up your free consultation now by calling us at 855-946-6464 or contacting us online.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
