Establishing liability can be challenging in truck accident claims. And this is one of the reasons these cases can be complicated.
If you are involved in a truck accident, different parties may be responsible for your injuries and damages, including the driver. Here is why
Drivers bear a lot of the safety responsibilities
If a negligent truck driver causes an accident, they may be answerable. Negligent actions include being distracted, violating traffic laws, being drunk and so on. Generally, a driver fails to observe their duty to keep other road users safe.
Another form of negligence is violating truck driving regulations. Truck drivers have rules that they must follow to guarantee safety. For example, a truck driver driving a truck with a gross vehicle weight rating (GVRW) of 10,001 lb. or more should drive up to 11 hours after having 10 consecutive hours off duty.
Further, a truck driver who is an employee of a trucking company may not exceed a total of 70 hours on duty time in the current 8-day period.
Truck drivers are also required to do a pre-trip inspection to notice potential problems earlier, and so on. If a truck driver knowingly and purposely violates these regulations, injuring you, they may be held liable.
Trucking companies are not off the hook
If a truck driver causes an accident due to their company’s poor scheduling, unrealistic expectations, unsafe compensation systems and poor training, the trucking company may be answerable for your injuries. This may also be true if the company fails to adhere to maintenance schedules for their vehicles or doesn’t follow their own safety protocols.
If a truck driver hits you, consider legal guidance to determine liability and understand your options.