When a person is involved in an accident with a truck, they must focus on recovering from their injuries. The large vehicles outweigh most passenger cars on the road, which means a victim’s injuries can be extensive. Injured parties need to determine who should pay their medical bills and compensate them for pain, suffering, and more.
An accident involving a truck often leads to multiple parties being held accountable for damages and injuries. The driver could be responsible, but the injured parties often find they can sue the trucking company, the mechanic responsible for maintaining the vehicle, and other parties. Talk to an attorney about truck accident investigations to learn why it is important to have legal guidance when moving through the claims process.
The Truck Driver
The truck driver could be responsible for the accident if they did not abide by all laws regarding their time on the road or other standards for the industry. In addition, if an action the truck driver took directly caused the accident, the injured parties may find they can sue the individual. If this person was under the influence of alcohol or drugs at the time of the accident, they become responsible for the injuries and property damage. Distracted driving serves as a cause for many accidents today, and the driver is accountable when they aren’t paying attention to the road.
The Trucking Company
To hold a trucking company responsible for an accident involving one of its vehicles, the injured party may have to prove certain things. They may have to show that the driver of the vehicle was employed by the company and not serving as an independent contractor. Some states require that the injured party also prove the driver was working for the employer when the accident occurred rather than taking care of personal business while in the company vehicle.
Finally, the person suing the trucking company may need to show the trucker had the permission of the company to operate the vehicle at the time the accident occurred. However, there is another way to hold the trucking company responsible.
If the company failed to conduct due diligence when hiring the trucker, it could be held accountable for the accident. Trucking companies are responsible for hiring, supervising, and training employees. A failure to do so could lead to the company being at fault if an accident occurs in one of its vehicles.
The Mechanic
The driver can hold a mechanic responsible for an accident involving a commercial vehicle if they don’t maintain the vehicle properly. For example, the mechanic may not conduct a thorough inspection of a vehicle. If this vehicle is involved in an accident in the days following the inspection, the mechanic could be to blame. They overlooked something in the vehicle that led to the accident.
In addition, if the mechanic uses defective parts on a vehicle to save money, they become liable for any accident that occurs because of using the defective parts. If they didn’t know the part was defective, however, and received it from the manufacturer that way, the injured parties may name the manufacturer in any suit.
Work with an attorney to determine who should be sued following an accident involving a truck. The attorney has a team of investigators ready to determine what went wrong and who is responsible. By leaving this task to the attorney, those who were injured can focus on recovering, which needs to be the priority. No price can be put on a person’s health.
