5 Parties That May Be Liable for Damages After a Commercial Truck Crash

 Posted on April 12, 2023 in Truck Accidents

If you or someone close to you was recently injured in a commercial truck crash, you might be desperate for answers. Who is to blame for the accident? Will the at-fault party be forced to pay damages? How can I hold the liable party accountable?

Answering these questions is rarely easy. Many different parties can be held accountable for a commercial truck crash, and it is important to investigate all of the possible sources of liability in your case.

The Truck Driver

Many people automatically assume that a commercial truck driver is at fault for a crash. While this is often the case, it is not always the truck driver's fault. The truck driver may be liable for a crash if the driver was driving negligently at the time of the accident. Fatigued driving caused by Hours of Service violations, intoxicated driving, speeding, and inattentiveness are all possible causes of a truck crash.

The Trucking Company

The trucking company is the most common party required to pay damages for a commercial truck crash. Even if the driver's actions caused the crash, the trucking company could be liable if the driver was an employee of the company. The trucking company may also be legally responsible for the crash if the accident was caused by:

• Negligent hiring practices, including failure to conduct background checks

• Negligent maintenance of the truck, including failure to make necessary repairs or perform regular inspections

• The trucking company encouraging or forcing drivers to violate Hours of Service regulations

The Owner of the Truck

In some cases, the party who owns a commercial truck is someone other than the driver. The owner may be liable for a crash caused by failure to properly maintain the truck, repair defects, or hire a qualified driver. Failure to repair braking systems, replace bald tires, or address problems with the hydraulics systems are just some of the oversights that can lead to severe or deadly accidents.

The Manufacturer of the Truck or Defective Parts

If a crash was caused by defective products such as steering mechanisms, brakes, tires, or suspension systems, then the manufacturer of the truck or parts may be liable for damages. The designer of a truck component or truck could also be held responsible if there were design flaws in the truck itself that caused the crash.

The Party Who Loaded Truck Freight

Finally, another party that could be held responsible for a commercial truck crash is the person or company who loaded freight onto the truck. If cargo was improperly secured and shifted during transport, it can cause a driver to lose control of the vehicle. Improperly balanced loads, overloaded trucks, and failure to use appropriate straps and ties when securing cargo are all violations of federal regulations.

It is important to keep in mind that multiple parties can be responsible for a single commercial truck crash. An experienced truck accident lawyer will be able to identify each potential source of liability and fight for the compensation you deserve.

Contact our Lake County Truck Crash Lawyers

Our Waukegan commercial truck accident attorneys recognize the devastation that a truck crash can have on a person and the person's family. We are committed to holding negligent truck drivers, trucking companies, and other parties accountable. Call 847-662-3303 for a free consultation.