A truck accident can lead to severe injuries and property damage. So, you should understand the liability laws associated with them.
With this, you can determine what responsibilities you will likely encounter. The question is, what liabilities are usually involved?
Here’s a look at those nuances to help you navigate it better.
General Negligence
Usually, the truck driver’s negligence determines who’s at fault in accidents. It includes, but is not limited to, the following cases:
- Driving too fast
- Getting distracted while driving
- Running red lights
- Not giving way
If situations like these cause the accident, they or their employer can be held responsible for the damages.
Note that it goes beyond physical injuries and property damage. It can include medical bills, rehab costs, lost wages, and more.
Many recommend hiring an accident attorney to clarify whether or not you are liable for the incident.
Product Liability
A truck accident can happen because of a manufacturing defect in the truck itself. It includes anything like faulty brakes, tires, or other vehicle components
In this case, the manufacturer could be held responsible under product liability laws. These are crucial for consumer protection and ensure manufacturers are accountable for any defects that cause harm or accidents.
By holding them accountable, they not only protect consumer rights but also encourage a culture of safety and innovation in the industry. It leads to the development of safer and more reliable vehicles.
Employer Liability
Accidents don’t only end up becoming the responsibility of truck drivers. Sometimes, the trucking company is held liable for their employees’ actions.
It can happen when they knowingly hire an unqualified driver with a history of recklessness. Other cases include neglecting regular maintenance checks on their fleet and pressuring drivers to exceed hours-of-service regulations.
Because of this, employers must do background checks and tests on their drivers. This way, they can ensure they’re qualified for the job and adhere to strict regulations.
Doing so also boosts the company’s reputation as a reliable service and reduces the chances of financial risks. These situations are also a common reason why many suggest getting employer liability insurance.
Lane Departure Accidents
Liability in lane departure accidents can get complicated and depends on various factors. So, it’s crucial to understand how it works.
For instance, if a truck driver fails to signal or check their blind spot before changing lanes. In that case, they’ll likely be held responsible for negligence. But, if another driver suddenly cuts off a truck, that driver might also be held accountable for their reckless actions.
So, you should consider other circumstances and contributing factors of both parties before setting the blame. Besides drivers and employers, you also want to look into other surrounding factors. For example, road conditions, poor signage, or inadequate lane markings.
You might also need testimony from top-notch lawyers or an accident analysis to accurately find fault. This way, you can evaluate the actions and responsibilities of each party involved.
Jackknife Accidents
Jackknife accidents happen when a truck’s trailer swings out and creates a V-shape with the cab. It’s one of the most dangerous situations since it can occur due to different factors. It includes brake failure, sudden turns, or slippery road conditions.
In this case, the driver is usually responsible for not being able to control the vehicle and prevent the incident. Although, it’s a must to consider other parties, like the trucking company or maintenance personnel.
Depending on the event, they can be held accountable for failing to take proactive measures. After all, it’s their responsibility to ensure the driver is capable and the truck is safe to use on the road.
You can check out the Aramjoo Law Firm website to find out more about how to deal with such accidents and get professional help.
Underride Accidents
An underride accident is when a smaller vehicle crashes into the rear or side of a truck and gets stuck underneath. So, it can turn into a serious case and put people in the smaller vehicle at big risk.
It usually happens when visibility on the road is bad, making it hard for smaller vehicles to see the truck in time to avoid a crash. These instances include times when there is low light or bad weather.
It can occur when a truck doesn’t have enough reflectors since it makes it hard for other drivers to know it’s around. There’s also a higher chance of it happening when a truck doesn’t have underride guards, which stop smaller vehicles from sliding under them in a crash.
With these factors, the trucking company is usually liable for the damages due to failing to provide them.
Rollover Accidents
Rollover accidents are usually a serious concern on the road because they can lead to major injuries and damage. These incidents happen due to driver errors, like sudden maneuvers or misjudgment. It can also occur because of speeding and faulty vehicle design.
For example, an abrupt lane change without signaling or a miscalculation of the vehicle’s center of gravity can lead to a rollover. So, it’s important to note that the responsibility lies with the truck driver or company for not taking adequate precautions to prevent these accidents.
It includes maintaining proper vehicle maintenance, ensuring suitable cargo distribution, and following safe driving practices. As a result, raising awareness and implementing stricter safety measures makes it better for everyone.
It’s also good to have an accident attorney in place to prepare for future cases.
Understand Different Truck Accident Liability to Maintain Safety
By understanding the degrees of truck accident liabilities, you can ensure you navigate it properly. It also allows you to seek proper compensation and be sure the people at fault are held accountable.
Note that it’s also best to have an accident attorney who specializes in truck accidents. This way, you can feel comfortable knowing you can navigate the complexities with little to no trouble.
So, what do you think? You can check out the rest of our blog for more tips and guides about it.
