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Proving Liability in a Truck Accident

Proving Liability in a Truck Accident

Most trucks are commercial vehicles, and as such, it can be difficult to identify all liable parties in the event of an accident. This is because multiple parties are involved in commercial trucks’ business operations, including their maintenance and inspections.

Learn the parties that may be held liable in a truck accident so you know how to protect your rights on the road.

Who’s Responsible for a Truck Accident?

Responsibility for a truck accident may lie with several parties. Namely, the parties most likely to be held responsible for a truck accident include the trucking company that owns and operates the vehicle, the truck driver, and the cargo loaders.

The Trucking Company

Trucking companies are responsible for the safe operation of their fleet. This includes scheduling regular maintenance checks on their vehicles, hiring responsible drivers without traffic violations, ensuring that drivers stick to federal hours-of-service regulations, and more.

If the trucking company neglects any of these responsibilities, and this carelessness leads to an accident, then the trucking company may be held liable for damages.

The Truck Driver

Even when a trucking company implements all appropriate safety measures for its fleet, the truck driver operating one of their vehicles may make an independent decision to drive recklessly. This may include driving while drunk or distracted, or intentionally violating hours-of-service regulations. If this negligence on the part of the truck driver alone leads to an accident, the truck driver may be held liable for damages.

The Cargo Loaders

Due to trucks’ size and weight, their cargo needs to be loaded evenly and securely to prevent an accident. If the cargo loaders are negligent in this responsibility, and this negligence leads to an accident, they may be held liable for damages.

What to Do After a Truck Accident

If you get involved in a truck accident, taking the following measures may help protect your rights:

  • Check to see if anyone requires medical attention and contact emergency medical services if necessary.

  • Exchange information with the truck driver, including contact information, driver’s license information, vehicle information, and information regarding the company the truck driver works for.

  • Take photos of any injuries and property damage sustained at the scene.

  • Collect witnesses’ contact information and write down their observations of the accident.

  • Contact the authorities and file a police report.

  • Get in touch with an experienced personal injury attorney as soon as possible.

If you or someone you love has been harmed in a truck accident, our Memphis attorneys are here to help. With our approach, we have won millions of dollars for those who need help paying for medical care in the wake of a devastating accident.

Contact Daniel Law Firm at (901) 295-0100 to learn how we can assist you.