In a typical car accident, determining fault and negligence involves driver error, road conditions, or vehicle malfunction. However, in a truck accident, determining fault involves considering other factors unique to the trucking industry.

Knowing these factors is crucial, as they can affect the value of your claim settlement. If you have been involved in an accident, the best idea is to hire experts, such as those at the Felix Gonzalez Accident and Injury Law Firm. These professionals have many years of experience in trucking accidents and help you with this complicated process all along the way.

With that being said, let’s take a look at some aspects of determining fault in a trucking accident.

Truck Driver Liability

Truck accidents are one of the leading causes of serious roadway injuries and fatalities. Trucks must follow the same traffic rules as other vehicles.

However, additional federal rules govern the conduct of truck drivers, including hours of service, an alcohol limit of below 0.04 percent, and keeping a log of their driving hours.

In the unfortunate event of an accident, while the driver is in the course of work, the liability will be on their employer under the theory of “Respondeat Superior.”

However, if the accident occurred when the driver was engaged in an activity outside the scope of their employment, the driver will be liable for the crash.

Additionally, the driver may be liable if the conduct resulting in the accident was intentional or if they were an independent contractor.

Trucking Company Liability

Trucking companies are often responsible for the actions of their drivers as long as the actions are not intentional and happen while they are on the job. Trucking companies are also required by federal laws to comply with the set industry regulations such as:

• Hiring competent drivers
• Offering truck driver training to employees
• Conducting regular drug and alcohol screenings
• Ensuring that their fleet maintenance is up to date

On top of that, they are responsible for supervising their drivers to ensure that they abide by set rules. A failure to abide by the set industry regulations by a trucking company can be used by your personal injury lawyer to determine negligence.

The Vehicle Owner and Vehicle Manufacturer Liability

If the truck involved in trucking accidents was hired, liability for the accident could fall on the truck owner depending on the prevailing circumstances, such as if the truck maintenance schedule was not up to date.

Sometimes, a truck accident may be caused by a faulty vehicle part. Under such circumstances, the vehicle or the faulty part manufacturer can be held liable for an accident. Leading companies, too, can be liable for a truck accident.

Some of the circumstances under which a loading company may be liable for an accident include loose and unsecured cargo, hiring unqualified personnel to load the cargo, failure of the loading company to keep proper cargo records, and overloading.

However, trucking accidents resulting from loading errors can have several parties sharing liability for the accident, including the loading company, the shipping company, or the transporter.

Shipping Company Liability

Companies are not liable for the actions of independent contractors. However, if a shipping company engages an independent contractor to haul their goods, they may be liable for the accident resulting from the contractor under the negligent hiring theory.

It is important to note that this rule is only applicable if evidence proves that the shipping company did not run a proper background check on a contractor when hiring.

Determining Fault in Trucking Accidents: Why Legal Expertise is Essential

Determining fault in a trucking accident is a complex process that requires careful consideration of various factors, including the actions of the driver, the responsibilities of the trucking company, and the conditions of the vehicle involved.

Each party’s role and adherence to industry regulations can significantly impact the outcome of a claim. It is advised to hire legal experts who specialize in truck accident lawsuits, as these cases can get complicated. This way, you can ensure you receive the compensation you deserve.