When is A Company Liable After a Truck Crash?

Devastating truck crashes can cause massive damage. Once a truck starts to swerve and hit other vehicles, it puts your life in immediate danger. That is because trucks weigh 6,000 to 20,000 pounds, which is several tons of machine and cargo. Depending on the circumstances of the truck crash, you might not be at fault.

Reasons A Truck Company Or Driver Might Be Liable

A truck company can be liable for a car crash if they are somehow negligent. According to 

lawyer Kopelman, they must have made some error that resulted in a life-threatening truck crash. 

Fatigued Driving 

The FMCS limits the number of consecutive hours a truck driver can operate their vehicle. This is to prevent fatigued driving, which can greatly increase the likelihood of a crash. If it is found that a truck driver violated FMCSA regulations, or if a company allowed or encouraged them to do so, the company can be held liable for any resulting accidents.

Intoxicated Driving

If a truck driver is found to be driving under the influence of drugs or alcohol at the time of the crash, the company may be held liable for negligence in hiring and supervision. Substance abuse is known to make a trucker more likely to cause an accident because it negatively impacts their ability to be attentive and make sound decisions. 

Speeding

If a truck driver is speeding at the time of the crash, the company may be held liable for inadequate training or supervision. Speeding trucks take longer to slow down and also carry a heavier force. The faster a truck is going, the more damage it is likely to cause after it has crashed. 

Improperly Loaded Truck

Whenever a truck is overloaded or improperly loaded, it can lead to unsafe driving conditions and potential accidents. When a truck is improperly loaded, the cargo can slide and cause the truck’s weight to be uneven. When the weight is not even across the entire vehicle, this causes the truck to sway, which can lead to a fatal accident. The company may be held liable for these hazardous loading practices.

Poorly Maintained Truck

The company may also be held responsible if it is found that they did not properly maintain the truck, resulting in mechanical failure and causing the crash. For example, old brakes or tires can cause a bad accident. It is essential for companies to regularly inspect and repair their trucks to ensure safe operation.

Ignoring Traffic Laws 

Suppose a truck driver is found to have been violating traffic laws, such as not properly signaling lane changes or failing to yield. In that case, the truck company may be held responsible for inadequate training and supervision of their drivers.

What If The Truck Company Is Not Liable?

The specific circumstances of the truck crash will determine the extent of the company’s liability. It is important for companies to thoroughly screen and train their drivers, as well as properly maintain their vehicles, in order to avoid potential liability in the event of a crash.

There may be reasons that someone else is liable for your truck crash other than the truck driver. For example, the warehouse team may have improperly loaded the truck. There is also the chance that the truck’s manufacturer left a defect in the vehicle. Sometimes roads are so run down that they can cause an accident. Regardless of the reason, your attorney will uncover who is liable and seek compensation from them.

Facebook Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

0 Shares
Share
Tweet
Pin