One of the worst incidents that can happen on roads is a truck accident, which can cause serious injuries, fatalities, and significant damage. St. Louis Post-Dispatch states that there were 12,834 truck accidents in Missouri in 2022. Among these, St. Louis is the county with the most crashes.
Determining liability becomes paramount for seeking justice and obtaining victim compensation when such accidents occur. Unlike typical car accidents, truck accidents involve a complex web of potentially liable parties. This is due to the multifaceted nature of the commercial trucking industry.
This article explores the wide range of parties that may have legal responsibility in a truck accident.
The Truck Driver
The driver is at the forefront of potential liability in a truck accident. Truck drivers must follow traffic laws and regulations and operate their vehicles safely. However, fatigue, distraction, impairment, or reckless driving can lead to accidents.
In cases where the driver’s negligence or misconduct directly causes the accident, they can be held personally liable for resulting damages. For instance, a recent crash due to the driver’s negligence took the lives of two people in Downtown St. Louis.
According to FOX 2, it was a multi-vehicle collision that led to the death of the two individuals. A truck was among the vehicles involved, and it fled the collision scene. The police have called forensic experts to recreate the accident scene to find the truck. One of the negligence of the driver was that they didn’t stop to report the accident and flee.
In such cases, a local lawyer can help file a lawsuit and help the victim or their family claim the rightful compensation. For example, a St. Louis truck accident lawyer can advocate for the victim’s rights in the above case. They can negotiate with the insurance company to get you what you deserve. However, selecting the right attorney with experience handling truck collisions is vital for optimal results.
While emphasizing the importance of hiring a truck accident lawyer, TorHoerman Law states that truck accidents differ from car crashes. One key differentiator is that trucks are heavier, which can result in more damage. A car accident lawyer may, therefore, be unaware of the maximum amount of compensation that can be requested. Thus, it is best to hire a specialized truck collision lawyer.
The Trucking Company
Beyond individual drivers, trucking companies play a significant role in ensuring road safety. They are responsible for hiring qualified drivers, conducting thorough background checks, providing adequate training, and maintaining their fleet in roadworthy condition.
Suppose a trucking company fails to fulfill these obligations or encourages unsafe practices like unrealistic schedules that lead to driver fatigue. They might then be held accountable for truck accidents.
One such example occurred in Missouri in 2019, where Robert Schultz died when Lennis Beck hit his car. Lennis was a driver with Great Plains Trucking and was riding a truck and didn’t slow it despite heavy rains. A news piece from Freight Waves read that the company had an unwritten policy allowing drivers to exceed the speed limit.
After the collision, Robert’s family filed a lawsuit against Great Plains Trucking. The jury ruled in favor of the victim’s family after three years in 2022 and awarded them $20 million in compensation.
Vehicle Manufacturers
Defective truck parts or equipment can significantly contribute to accidents. Safety standards must be followed in the design, production, and distribution of products made by truck and component manufacturers.
However, manufacturing defects, design flaws, or inadequate warnings about potential hazards can render these parties liable for accidents and resulting injuries. Product liability claims against manufacturers can arise when defective parts contribute to or cause a truck accident.
One example of manufacturer fault was found in Ford’s Super Duty F-250 and F-350 trucks. As stated by Fox Business, Ford recalled 42,000 trucks over manufacturing defects that could lead to crashes. If any such fault leads to an accident in your case, the manufacturer could be held liable for it.
Maintenance and Repair Providers
Proper maintenance and timely repairs are essential to keeping commercial trucks safe. Service providers responsible for maintaining trucks can be held liable if their negligence leads to mechanical failures that contribute to accidents. Failure to address known issues or improperly performed repairs can expose these parties to liability claims.
Shippers and Cargo Loaders
Improperly loaded or secured cargo can pose significant hazards on the road. Shippers and cargo loaders must ensure that cargo is loaded, balanced, and secured correctly to avoid shifting or falling during transit.
Accidents may occur if industry standards or laws governing cargo loading are broken. In such cases, the entities responsible for loading the cargo may share liability for damages resulting from a crash.
Frequently Asked Questions
How Do I Proceed After Getting Into a Truck Accident?
In the case of a truck accident, prioritize your safety and seek emergency medical attention. When you report the accident to the police, inform the truck driver and obtain their insurance details. To document the incident, take photos of the scene and obtain the contact information of any witnesses. Finally, consult a personal injury attorney to learn more about your rights and legal options.
If I Was in a Truck Accident, Can I Sue Multiple Parties?
Yes, you might be able to file multiple lawsuits against different parties, depending on the specifics of the accident. These parties could be the cargo owner, the manufacturer, the truck driver, the trucking company, or the maintenance contractor.
Liability determination frequently necessitates a comprehensive investigation to pinpoint all culpable parties and make them answerable for their deeds or negligence.
What Kind of Recompense May I Get for a Truck Accident Lawsuit?
In a truck accident lawsuit, you might be able to get compensation for various losses, such as medical costs, missed income, property damage, etc. The degree of damage, the severity of the injuries, and other particulars of your case will determine the precise amount of compensation.
In a Truck Accident Case, How Can I Establish Liability?
To establish liability in a truck accident case, documentation such as witness accounts, police reports, accident reconstruction analyses, and more must be gathered. Working with seasoned attorneys who comprehend the intricacies of truck accident litigation can help build a solid case.
In conclusion, because several parties could be held legally responsible, truck accidents pose complicated legal issues. The list of potential defendants in a truck accident case can be extensive, from truck drivers to trucking companies.
Successfully navigating liability claims in truck accident litigation requires a comprehensive understanding of the intricacies of the commercial trucking industry. Victims can seek compensation to recover from injuries and rebuild their lives by identifying and holding all parties accountable.
