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Blogs from July, 2023

a truck driving down the highway

Truck accidents can have devastating consequences, leaving victims with severe injuries and financial burdens. Determining liability in such cases is crucial to ensure fair compensation and justice. In this blog post, we will provide you with valuable insights into the complex issue of truck accident liability, helping you navigate through the legal process and understand your rights.

The Truck Driver:

In many cases, the truck driver bears primary responsibility for an accident. Factors such as distracted driving, fatigue, speeding, driving under the influence, or violating traffic laws can all contribute to a driver's liability. Federal regulations limit the number of hours a truck driver can operate continuously, but unfortunately, some drivers may disregard these rules to meet tight delivery deadlines, putting others at risk.

The Trucking Company:

Trucking companies also hold a significant share of liability in truck accidents. Under the legal doctrine of "respondeat superior," employers can be held accountable for the actions of their employees performed within the scope of their job duties. If a truck driver causes an accident while working for a trucking company, the company may be held liable for the driver's negligence, inadequate training, or failure to perform routine vehicle maintenance.

Maintenance and Repair Contractors:

Trucks require regular maintenance and prompt repairs to ensure they are safe for the road. If an accident is caused by a mechanical failure due to improper maintenance or negligent repairs, the company responsible for maintaining the truck may be held liable. This could include third-party contractors hired by the trucking company to perform maintenance work.

Cargo Loaders and Shippers:

Improperly loaded cargo can significantly impact a truck's stability and handling, leading to accidents. Cargo loaders and shippers are responsible for ensuring that the cargo is appropriately secured and distributed. If an accident occurs due to shifting cargo or overloading, these parties may share liability.

Manufacturers and Distributors:

In some cases, the truck accident may result from a defective truck part or equipment. If a faulty brake system, tires, or other components contribute to the crash, the manufacturer or distributor of the defective parts may be held accountable for the damages.

Contributory Negligence:

It's important to note that in some jurisdictions, liability can be shared among multiple parties based on the concept of "contributory negligence." This means that if the injured party is found partially responsible for the accident, their compensation may be reduced proportionately.

Determining liability in truck accidents requires a thorough understanding of the parties involved, gathering compelling evidence, and seeking expert legal guidance. Effres & Effres is committed to helping victims navigate the complexities of truck accident liability. Contact us today for a consultation and let us fight for the justice and compensation you deserve.

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