Who is liable in a commercial truck accident?
Being involved in a commercial truck accident presents some unique challenges and must be handled with precision and care. Unlike an accident involving another driver operating a personal vehicle, a commercial driver and vehicle are subject to many more regulations, as is the driver’s employers.
Practically speaking, this means that you may need to bring a claim against both the driver and his or her employer if you are harmed or if someone in your family is killed in a commercial truck accident. There are a host of regulations that a driver is required to follow, which can also implicate an employer. For instance, there are specific limits placed on how many hours a commercial driver may operate his or her vehicle before resting, as well as limits on how much weight can be carried by a commercial vehicle.
Determining who is liable in your accident is not a simple matter. Depending on the circumstances, the driver and the employer may be liable, but there are scenarios where the manufacturer of the vehicle or a company that has recently performed maintenance on the vehicle may also be held liable. You may also be able to hold the employer liable for not performing sufficient background checks on the driver if you can demonstrate that the driver had a sufficient history of traffic violations.
Being injured in a commercial truck accident is a terrible thing, no matter what the details of the accident may be. However, pursuing justice for your injuries is all in the details. An experienced attorney can help you understand the intricacies of your particular experience and form a plan to most effectively pursue justice through your injury claim.
Source: Findlaw, “Truck Accident Law: What You Need to Know,” accessed Dec. 22, 2016