The first thing people typically want to know after they’ve suffered severe injuries in a truck accident is who is at fault? Whether the accident involved a semi-truck, a tow truck, or even a dump truck, the responsibility will typically lie with either the driver, the trucking company or some other liable party.
The truck accident attorneys with Penn Kestner & McEwen have years of experience representing people who have been seriously hurt because of the negligence of someone associated with a trucking operation. When you turn to us, you can rest assured our skilled attorneys will do whatever it takes to give you the best possible chance of obtaining the compensation you deserve.
Learn more by contacting us online or giving us a call at (800) 732-3070 to schedule a free consultation.
Here’s some information on why trucking accidents typically occur. And some of the parties that may be at fault for your truck accident injuries.
Causes of Truck Accident Accidents
Just like there are several types of trucking accidents, there are several potential causes for these accidents as well. The following are just some of the more common reasons these terrible accidents occur.
Distracted Driving
Truck drivers can get distracted like anyone else. But when they’re operating a machine that can weigh as much as 80,000 pounds, any sort of distraction can be disastrous. Truckers can be talking or texting, fiddling with the radio station, or merely daydreaming while looking out their side window. When they do this, and an accident takes place, they need to face accountability for their negligence.
Drug or Alcohol Use
You would think truck drivers would realize how dangerous impaired driving can be. However, they commit this egregious act far too often. Drivers will often resort to taking powerful drugs in an effort to stay awake. This may be so that they can make an unreasonable deadline. Unbelievably, they will even get behind the wheel of their mammoth vehicle after having alcoholic beverages.
Fatigue
Sometimes drivers will push themselves far beyond their limits, even though federal regulations are very clear regarding how many consecutive hours they can stay behind the wheel. When they get so tired they can’t drive safely, the results can be tragic.
Defective Parts
Truck drivers aren’t always to blame for an accident. Their vehicles may sometimes have a sudden equipment failure that causes the driver to lose control. The issue could be a brake failure, or it could be a hitch failure that leads to a disastrous collision with a passenger vehicle.
Poorly Maintained Vehicles
Both drivers and trucking companies have a responsibility to check their vehicles before they get on the road. But inspections will typically be ignored in an effort to meet a deadline and make as much money as possible. This, of course, increases the chances of an equipment failure that could have a horrible result.
Load Issues
When a truck loses its load, or the load shifts and causes a rollover, any nearby drivers will often be unable to avoid a collision. This issue is unfortunately too common. There’s a reason that regulations exist to control for poor or ineffective loading.
Parties That May be at Fault for Truck Accident Injuries
Here are just a few of these parties that often face legal action stemming from an accident.
Truck Driver
As you’ve already learned, truck drivers will often drive impaired or while they’re fatigued. Or they may be violating safety regulations in some other way. When they do, they must be forced to face accountability for their negligence.
Trucking Company
Trucking companies will often prioritize profits over the safety of their drivers. But all others drivers on the road suffer because of this. Investigations will commonly uncover ways in which a trucking company will at least share some of the blame for a collision. When that happens, victims will oftentimes receive a significant amount of money.
Rental Company
Not all trucks are helmed by professionals, of course. Moving companies will often rent big trucks to people who are relocating from one part of the country to the other. If a rental truck is found to be defective in some way, and an accident occurs, the rental company could be held liable.
Maintenance Company
If a truck outsourced the maintenance or repair of a truck to a third party mechanic, that company could be sued if the vehicle causes an accident due to negligence. For example, a part failing because it wasn’t properly maintained or repaired could cause an accident. This would make the maintenance company liable for defective work.
Loading Company
Trucking companies will also outsource the loading of their rigs to third-party companies. If they fail to do their job properly, and the truck loses a load during transit, the injury victim could sue the business responsible for loading the cargo.
Can Multiple Parties be at Fault for Truck Accident Injuries?
A truck accident can be incredibly complicated. Trucking company insurance policies can not only be worth $1 million or more. There can also be multiple parties that share liability. That’s one of the reasons why you’ll need to hire a skilled attorney as soon as possible if you’ve been involved in an accident with a truck that wasn’t your fault.
How is Fault Determined in a Truck Accident?
The only way an accident victim is going to have a chance at full and fair compensation is to have strong evidence that the wreck was another party’s fault. The only way to get that evidence will be to hire an attorney with experience in performing investigations – and to do it as soon as you can. The investigation into your accident will need to be conducted as fast as possible. So be sure to hire a legal representative as soon as you can. Otherwise, road conditions could change, and critical evidence could be lost.
Penn Kestner & McEwen Are Ready to Help You
The attorneys with Penn Kestner & McEwen have the experience and investigative expertise it takes to give you the best opportunity to get every penny you deserve. We’ll tell you exactly what to expect through every phase of your case, and work passionately on your behalf. Take advantage of our knowledge and track record of success by contacting us online or calling (800) 732-3070 for a free case review.