Truck accidents are like those terrifying nightmares you don’t want to come true. However, the sad truth is that truck accidents are increasingly becoming common. Since trucks are large and often carry colossal weight, even a slight mishap can cause catastrophic damage and personal injuries. If you have met with an accident with a truck and want to sue the trucking company, you should start looking for a Virginia Beach accident lawyer.
Unfortunately, determining who is liable for the personal injuries and wrongful death in a commercial truck accident is complicated.
Understanding who is liable in a truck accident.
Determining who is liable for a car accident is fairly easy. However, it can be tricky to identify who is accountable for the accident when it involves commercial trucks. Typically, a commercial truck accident involves more than one party. So, there could be several potentially liable parties for the accident.
The driver does not own most semi-trailer trucks. Different companies are responsible for maintaining, operating, and safely regulating the trucks and drivers. Thus, it’s often difficult to prosecute such truck accident cases.
Parties involved in a trucking accident include:
- The truck driver.
- Shipping companies.
- Loading companies.
- Manufacturers of the truck parts.
- Employer of the truck driver.
Various regulations govern the operations and maintenance of the truck and the driver. Although these federal rules are put in place to regulate the drivers’ working hours and ensure the safety of everyone, they often make it hard to determine who is at fault for the accident. It takes qualified lawyers from the best personal injury law firms to gather relevant evidence and prove the case.
Circumstances when truck drivers are held liable for truck accident
In truck accidents, it’s common to place liability on the truck drivers for negligence. Although truck drivers thoroughly checked and offered extensive training, they are, after all, humans. Drivers tend to commit human errors while driving, which may lead to accidents. In fact, mistakes while driving is one of the leading causes of truck accidents.
- A truck driver can be held accountable for the collision in the following circumstances.
- The accident is caused due to driver fatigue.
- The driver got distracted while driving the truck.
- The driver failed to stop at signals.
- The driver was found speeding, tailgating, or recklessly driving.
- The driver was drunk driving
- The driver was driving at an unsafe speed around a construction zone
- The driver’s medical condition renders him unfit to drive the truck
- The driver failed to take the required break
What leads to truck driver negligence?
While there are many circumstances where the truck driver is at fault for the accident, other factors can also lead to mishaps. Most trucking companies that operate and regulate truck drivers offer incentives to drivers for extra miles and longer hours. If a trucking company pressurizes the driver to meet unrealistic deadlines, the drive may fail to take adequate rest. When a driver is over worked-up and driving continuously without taking a break, accidents may happen. In such a scenario, the trucking company will be partially accountable for the accident and injuries. The victim can sue the truck driver as well as their company.