Springfield Injury Attorney David Ransin
Explains Who is Liable in a Trucking Accident
Proving Negligence for Truck Accident Liability
- The responsible party owed a duty of care to other motorists;
- The responsible party failed to exercise the proper level of care to other motorists;
- This failure to exercise proper care was the proximate cause of the person’s injuries.
Who is Responsible for Trucking Accidents?
- Truck Driver—If the truck driver failed to exercise the proper standards of care for the truck, he or she will be personally liable for the accident and any injuries caused to others.
- Trucking Company—The carrier company or driver’s employer may also be responsible for the truck driver’s actions. Additionally, sometimes an accident is directly the fault of the trucking company or its policies. For example, if the employer pressures the driver to speed or work longer hours than is allowed by law, it is liable for any ensuing accident.
- Insurance Company—Trucks, like automobiles, are required to maintain liability insurance in the event of an accident. The truck’s insurance company will therefore be a named party to any ensuring trucking accident lawsuit.
- Loading Company—If a third party overloaded the truck and that overload caused the accident, that third party loader could also be liable for the accident.
- Truck or Part Manufacturer—If a faulty truck part caused the accident, the part manufacturer or designer may be liable for the accident if the defect caused the accident.
To see information about trucking accidents statistics on Missouri roadways please see this article. Simply Click here for this information. This article will help explain the complex nature of trucking accidents.