Who Can Be Held Liable for a Truck Accident?

Truck accidents can cause widespread impact and result in significant harm to all involved. They can result from negligent driving, poor vehicle maintenance, and defective truck parts. Depending on the cause of the truck accident, many possible parties could be held liable for damages, including a driver, trucking company, truck part manufacturer, and truck loader.

If you were the victim of a truck accident, you could file a truck accident claim to pursue compensation for damages, including medical bills, lost earning potential, and loss of enjoyment of life. An experienced truck accident attorney can look at the evidence to determine who you can be held liable and who you can file a truck accident claim with. The truck accident lawyers at The Russo Firm have experienced lawyers that can help put you in the best position to recover compensation for your truck accident damages.

Negligent Drivers Can Be Held Liable for a Truck Accident

The most common party held liable for a truck accident is a negligent driver. This can be a negligent driver of a truck or another driver whose negligence causes an accident with a truck driver. Negligent driving behavior is anything done behind the wheel that takes a driver’s focus away from the safe operation of their vehicle.

This can include distractions taking their attention away from the road, anger about the movement of traffic, and cognitive difficulties caused by inebriation or drowsiness. These drivers can be held liable in a truck accident because their negligent behavior caused the accident that resulted in the damages the victim is pursuing.

The following are some of the common negligent driving behavior that causes truck accidents:

Can a Trucking Company Be Held Liable for a Truck Accident?

In some cases, a trucking company can be held liable for a truck accident caused by an employee. This is because of a legal doctrine known as vicarious liability, where one party can be held liable for the negligent actions of another party they are responsible for. In this case, a trucking company can be held liable for a truck accident if it happened within the scope of the truck driver’s employment.

For example, if a truck driver speeds during a grocery store food delivery and causes an accident, the trucking company can share liability. The delivery of the food to the grocery store is a work task, which leaves the trucking company vicariously liable. However, they cannot be held liable for a truck accident an employee is involved with on their commute home because driving home is not a work task.

Defective Truck Parts Can Cause a Truck Accident and Leave the Manufacturer Liable

Not all truck accidents have to do with negligent driving behaviors, as some trucks can come equipped with defective parts. Malfunctioning truck parts can leave a truck driver without a way to control their vehicle, which can lead to a truck accident. The designer, manufacturer, retailer, or distributor can be held liable for negligent behavior that led to a defective car part hitting the market. This type of accident could fall under product liability, as a product’s poor design or manufacturing caused the truck accident.

Cargo Loader Truck Accident Liability

Before a commercial truck can go out for a job, it needs to be loaded. There are proper rules for loading, and the cargo loaders must adhere to these rules. A truckload must be even to prevent an imbalanced load from causing a truck to tip over. Failure to do so could cause a truck accident, which the cargo loader could be held responsible for. Their negligence led to the imbalanced load that caused the truck accident, which means they could be the defendant in any truck accident litigation.

Damages in a Truck Accident Claim

Damages are losses that you suffer as a result of a truck accident. You could pursue these losses by filing a truck accident claim with the at-fault party. You can suffer financially because your severe injuries may require extensive medical treatment, and you may need to miss out on work to recover from your injuries. Your quality of life can also suffer, as psychological effects such as depression and anxiety can set in. Your truck accident lawyer can help you calculate the current and future costs of your economic and non-economic truck accident damages.

The following are some of the truck accident damages you could pursue compensation for::

  • Medical bills
  • Lost wages
  • Lost earning potential
  • Property damage
  • Mental anguish
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of companionship
  • Loss of society

How Can a Truck Accident Lawyer Help With a Truck Accident Claim?

Hiring a truck accident lawyer can help with the process of pursuing compensation for a truck accident. You likely do not have the truck accident claims experience to know what steps to take, how to prove liability and the best tactic for negotiating a settlement. An experienced truck accident attorney will know about all of this and much more to help with your truck accident claims process.

A truck accident lawyer can assist you by calculating your damages, determining who the at-fault party is, collecting evidence to prove your case, and negotiating a settlement with the liable party’s insurance company. They can handle the truck accident claims process and let you worry about your recovery from severe truck accident injuries.

Contact The Russo Firm for Help With Your Truck Accident Claim

The truck accident lawyers at The Russo Firm have experience handling truck accident litigation that could maximize your potential for recovering fair compensation for damages. We understand how such a catastrophic accident could cause irreparable damage and wish to help you recover financially. Our truck accident attorney can offer personalized legal counsel that caters to the specifics of your case and can put you in the best position to recover fair compensation for the full cost of your damages.

At The Russo Firm, we offer free consultations to truck accident victims, allowing them to see how our truck accident lawyers can assist them in pursuing compensation for damages. Contact us at (561) 270-0913 or leave a message on our online contact page.

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

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