Who Is At Fault In A Truck Accident?
When you and your family are in an accident with a truck or commercial vehicle, you need a trucking lawyer that knows the industry. Federal regulations, commercial vehicle manuals, and special safety rules apply to truck drivers, motor carriers, brokers/logistics companies, and shippers.
The life-changing devastation that truck accidents cause is immeasurable for a family. At The Gori Law Firm, our trucking lawyers have the extensive experience, and eight-figure results needed to hold the drivers and trucking companies responsible for your accident accountable.
The Complex Scenario Of Determining Who Is At Fault In A Truck Accident
Many times, truck accidents involve multiple cars and trucks. However, in a collision that involves a semi-truck, figuring out who is responsible can quickly become complicated. The Federal Motor Carrier Safety Administration establishes regulations and rules which govern drivers, motor carriers and related companies. There are numerous potential defendants:
- The driver of the truck – Distracted driving, speeding, fatigue, substance abuse, and lack of training all contribute to negligent driving. Drivers who own their trucks are called owner/operators.
- Agent of the driver – Staffing agencies are used as a layer of protection and separation for motor carriers.
- Motor carrier – The Department of Transportation authorized company that is hired to transport goods. Often, they fail to perform background checks and fail to abide by the federal regulations in operating their fleet. Many motor carriers do not employ their drivers, so independent contractor issues are involved in every case.
- Broker or logistics company – A “middle man” company that arranges the transportation of goods between the shipper and carrier. Shippers use these companies to insulate themselves from liability. They may fail to adequately research and investigate quality motor carriers which puts dangerous drivers on the road.
- Shipper – The contracting company that owns and/or ships the goods and hires the broker, motor carrier and driver.
- Owner of the tractor or trailer – Mechanical failures, trailer separation, tire wear, and defective brakes are all-too-common in trucking accidents and the owner of the equipment may be responsible.
Hold The Right People Responsible For Your Accident
These companies often maximize profits and cut costs at the expense of safety. That is why you need an experienced trucking attorney to immediately and thoroughly investigate every facet of your accident, identify all the parties who are responsible, and to recover the compensation to which you and your family may be entitled.