Driver vs. Company: Who is Liable in a Truck Accident?
You may have had a close call between your vehicle and a tractor-trailer. Or, you may be recovering from a truck accident. In either case, you are likely visiting this site because you need information about a truck accident claim and your legal rights.
At Kashani Law, P.C. one of the most common truck accident questions we are asked about truck accidents is who is responsible? Determining liability in a truck accident can be difficult because you often have multiple parties involved, including the driver and the trucking company. So who is liable when a truck accident happens?
Who is Liable in a Truck Accident?
After a truck accident happens, there is often a bit of finger-pointing that happens. The driver blames someone else, the company blames the driver, and both say they are not responsible. So who is liable?
To determine who is liable, you need a truck accident lawyer who knows how to determine and prove fault. This process involves conducting a thorough investigation into the accident, considering factors like:
- Was the truck overweight or improperly secured?
- Was the driver fatigued? When was his or her last rest break?
- Was alcohol involved?
- Was any involved driver texting?
- Did the truck owner properly maintain the truck and keep maintenance records?
- Was the accident caused by a defective or malfunctioning part on the truck?
It is questions like these that uncover the truth about who is at fault, and who is liable for the injuries you suffered in a truck accident. It is only through determining who is liable that you can pursue a claim for compensation.