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Who Is Liable for Injuries Caused in a Truck Crash?

Posted on in Truck Accidents

CA accident lawyerThe trucking industry has faced driver shortages for years, but recently, this demand has become an even more pressing matter. The COVID-19 pandemic and the surge in demand for delivery have left many trucking companies scrambling to meet consumer demands. When truck drivers are under pressure to deliver goods faster, they can sometimes make mistakes behind the wheel that lead to truck collisions. Whether due to unsecured truck cargo, speeding, fatigued driving, or other reasons, truck crashes often have devastating consequences. If you or a loved one were injured in a truck crash, a truck accident lawyer can help you determine who may be liable for your medical bills and other damages.

Determining Legal Responsibility for a Truck Accident

Identifying who is at fault in a truck accident can be complex. In many truck crashes, multiple factors contribute to the collision. The actions of the truck driver and the other drivers on the road, the weather road conditions, issues with the truck itself, and many other factors can all result in a serious truck accident. Understanding how and why a truck crash occurred is the first step in determining liability.

The party who is legally responsible for damages caused in a truck crash may be the:

  • Trucking company – In many cases, the trucking company is on the hook for damages caused in a truck accident. If a trucker is an employee and he or she causes an accident while driving under the influence of alcohol or drugs, speeding, or otherwise driving negligently, the trucker’s employer may be liable for damages. The trucking company may also be liable if the company encouraged drivers to violate Federal “hours of service” regulations to meet deadlines or failed to properly maintain the truck.
  • Truck driver – In some cases, the driver is the liable party in an accident. This may be the case if the driver is an independent contractor or if the accident occurred outside of the truck driver’s scope of employment.
  • Manufacturer or designer of truck parts – In some situations, a truck accident occurs because problems with the truck’s tires, brakes, cargo securement straps, or another component is defective. If this is the case, the injured party may be able to hold the manufacturer or designer of the defective part liable through a product liability lawsuit.
  • Government entity – Some truck accidents are the result of poor road design, inadequate road maintenance, or other problems caused by negligence on the part of the city, state, or county. A government entity may also be liable if the crash was caused by a government employee such as a garbage truck driver, ambulance driver, or city bus. Suing the government in California is very complicated and claims are subject to strict deadlines.

Contact a Los Angeles Truck Accident Lawyer

If you were hurt in a truck crash, contact a Glendale personal injury attorney from Tahmazian Law Firm, P.C. for help. Our team can evaluate the circumstances of the crash, collect evidence, and help you hold the liable party accountable for your financial and non-financial damages. Call 818-242-8201 for a free consultation.

 

Source:

https://www.newsweek.com/texas-hiring-truck-drivers-14000-per-week-driver-shortage-1589473

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