Who May Be At-Fault For A Truck Accident?

Accidents with an 18-wheeler is not anything comparable to a fender bender. These hefty trucks have vast destructive capabilities due to how heavy and large they are. The damages that result after a crash tend to be more severe compared to standard passenger vehicle collisions. Truck drivers, the companies they work for, and other related parties have a duty to keep the public safe. The truck must be driven safely and have maintenance performed on it regularly. As a truck accident lawyer Winder GA residents depend on from Norris Law knows, victims of truck accidents tend to be left injured and with plenty of questions about what to do next. 

Who can I sue for the truck accident?

During your consultation, a lawyer will ask questions about the accident and investigate the case more in-depth, as a way to uncover who the liable parties may be. The more evidence and information you have to present to your legal team, the better they can advise you on how to proceed further. It is possible that not just one person is at-fault, there may have been numerous parties that all shared a role in the truck accident happening. Depending on the factors of the truck collision, the responsible party or parties to include in your claim may be:

  • The owner of the freight
  • The owner of the rig
  • The owner of the cab and trailer
  • The truck driver
  • The truck driver’s company
  • A third-party manufacturer
  • A parent company
  • Another car driver
  • The manufacturer or truck parts

But aren’t there regulations that govern trucking?

There are laws that regulate the trucking industry. The Federal Carrier Safety Administration (FMCSA) enforces regulations for the trucking industry to reduce the frequency of truck-related accidents, so that the road stays safer for everyone. However, despite these regulations, tragic truck accidents happen all the time on roadways across the nation. Here are examples of regulations that those who work in the trucking industry must abide by:

  • Every driver must be trained, approved, and certified to operate an 18-wheeler. 
  • Truck drivers cannot have a background of criminal offenses.
  • Trucking companies have to maintain all parts and equipment to ensure the truck operates safely.
  • Cargo has to be secured and properly distributed.
  • Truck drivers cannot operate the 18-wheeler with an alcohol concentration of 0.04% or higher. 
  • Truck drivers are prohibited from drinking alcohol 4 hours prior to a scheduled drive.
  • Truck drivers have to follow shift restrictions that lay out how many hours they can drive within a certain period of time. 
  • Truck drivers have to keep track of their hours using a log. 

In the aftermath of a serious accident with an 18-wheeler, it will be important for victims to obtain evidence to support their claims. Unfortunately, the at-fault party may attempt to avoid liability so they won’t have to pay the victim fairly in restitution. And that is when assistance from a lawyer can be helpful so not only are a victim’s questions answered but they have someone to protect their best interests too.