How to Determine Truck Accident Liability

After a trucking accident, you may be in shock. This is entirely normal after any accident. With commercial trucks, the damages tend to be even more devastating than typical passenger vehicles. What you may not know about trucking accidents is that the liable party may not always be obvious. Here is how you can figure out who is liable for the accident.

Is it a Design Issue?

Sometimes the problems begin with the manufacturer. Defective vehicles can pose a huge risk to drivers. Defective parts can lead to breakdowns and vehicle malfunctions. If there is any sign that the commercial truck had defective components, then the liability may rest with the manufacturing company.

Is it a Cargo Problem?

Often, before a commercial trucker begins his or her trip, a cargo company handles loading the truck. If the company overloads the cargo or improperly loads it, then it might lead to a collision on the road or worse, it could lead to cargo falling into the highway. If it’s determined that the cargo was the problem, then it might be the fault of the cargo company that loaded the truck.

Is it the Company’s Fault?

Many truckers work for a trucking company. The company that contracts the truckers may practice poor business practices or practices that completely contradict federal regulations. For instance, some companies will push drivers to work over the legal limit. They will incentivize longer hours. Drivers are only allowed to work a certain number of hours and must rest in between. This is supposed to keep fatigued drivers off the road. If it turns out that the company encouraged an environment of drowsy driving, they could be liable.

Is it Driver Error?

When it comes to a truck accident, sometimes it is the trucker’s fault. This could be for a number of reasons. Perhaps he or she did not check his or her blind spot or maybe he or she changed lanes too quickly.

When it comes to accidents involving commercial trucks, liability may not be as cut and dry as it is when you are dealing with two passenger vehicles. When you see a commercial truck on the road, odds are there were a lot of people behind getting the truck on the road. From the trucking company, to the cargo company and driver, there could be several different options when it comes to who is liable. To find out more about trucker liability, contact a truck accident lawyer in Wytheville, VA as soon as possible.


Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury claims and how to determine truck accident liability.