Nowadays, the roads are so busy with the high number of commuters and tourists that accidents are inevitable, unfortunately. The US states witness such high-frequency traffic on a daily basis that accidents and collisions have become a regular thing.
If we’re talking about accidents, car accidents are definitely the most frequent ones. This is because cars are the most common means of transport chosen by individuals. However, the trucking industry has recently been undergoing a boom, meaning there are more truck drivers on the road than ever.
And truck accidents pose a much bigger threat for others than cars due to their size and weight. These accidents often result in severe injuries and property damages, not to mention the fatalities they could cause as well.
Determining who is at fault in these accidents is crucial for ensuring victims receive the compensation they deserve. However, truck accident cases are more complex because multiple parties could be responsible. Understanding these complexities is necessary in order to seek compensation.
In the next paragraphs, we’ll make sure to break down the most common guilty parties in truck accidents.
Why Truck Accidents Are More Serious Than Car Accidents?
Truck accidents tend to have far more serious consequences than car accidents due to several factors. Commercial trucks are significantly larger and heavier, often weighing up to 80,000 pounds when fully loaded.
This immense size and weight mean that collisions with smaller vehicles can lead to catastrophic damage and severe injuries. Additionally, trucks often carry hazardous materials, which can cause explosions or chemical spills, further increasing the risks.
Trucking Operations
The complexity of truck operations—such as longer braking distances, wide turns, and blind spots—also contributes to the severity of accidents. Given these factors, determining fault involves a detailed investigation and a thorough understanding of trucking regulations.
Who Can Be Responsible in a Truck Accident?
As we already said, there can be several potential responsible parties in a trucking accident. The guilty party is decided after much deliberation, especially in very complex cases where it’s not immediately clear what caused the accident.
Sometimes, it’s also necessary to bring in some experts who can take a look at the accident scene and determine fault. However, this should only happen if it’s really impossible to determine fault in any other way.
The Truck Driver
Most often, the truck driver is the first person everyone points their finger at once there’s been an accident. It doesn’t necessarily have to mean that the truck driver is the guilty one, but in most cases they are, although sometimes it’s not directly their fault.
There are several reasons why a truck driver might be the responsible one. The first one is usually speeding. Most truck drivers go over the speed limits when they are met with tight deadlines. And this also affects their focus as they’re usually too distracted or tired to keep their eyes on the road.
This is where a truck accident attorney needs to step in and help the truck driver gather enough evidence to prove that their negligence was a result of tight deadlines and not enough breaks.
The Trucking Company
Another common guilty party is trucking companies, and with good reason. They often fail to provide good shifts and driving schedules with enough room to take regular breaks. Trucking companies can be held liable if they contribute to the accident through negligence or violations.
These can refer to poor hiring practices if trucking companies employ drivers with a history of traffic violations or without proper training. Additionally, unrealistic schedules are yet another big problem that pushes truck drivers to ignore rest and speeding regulations.
Finally, sometimes trucking companies fail to ensure that their trucks are safe and properly maintained. Due to tight schedules, they sometimes ignore regular maintenance, which causes mechanical failures such as brake or tire issues.
Companies are responsible for ensuring their fleet is safe and properly maintained. Ignoring routine maintenance can lead to mechanical failures, such as brake or tire issues.
Truck Manufacturers
Sometimes, the fault lies with the manufacturer of the truck or its parts. Defective components, such as faulty brakes or steering systems, can cause accidents. Maintenance providers may also be liable if they fail to perform repairs or inspections correctly, leading to mechanical malfunctions.
This doesn’t happen very often, but sometimes it is possible that a faulty part that was present during the truck manufacturing process causes the truck to break down, which is the reason behind the accident.
Cargo Loaders
Improperly loaded or overloaded cargo can make trucks unstable and harder to control. If cargo shifts during transit, it can cause the driver to lose control or lead to rollovers. Cargo loaders must follow strict guidelines, and failing to do so can make them liable for accidents. If they rush the cargo loading process, then they risk the cargo rolling over and causing an accident.
Road Maintenance and Government Entities
Poorly maintained roads, unclear signage, or construction-related hazards can contribute to truck accidents. In such cases, the government agency responsible for road maintenance might be held accountable. However, suing a government entity involves specific legal procedures and limitations. And you’d really have to get strong evidence in order to start building a case against government entities.
The Key Takeaways
As you can see, determining fault in a truck accident is much more complex than one might think. Unlike car accidents, where the driver is usually at fault, truck accidents are a bit different.
With truck accidents, there is more than one guilty party—the driver, trucking company, cargo loaders, and even government entities—who can be held responsible.
Identifying the correct liable party is crucial for securing fair compensation and ensuring accountability. If you or a loved one has been involved in a truck accident, consulting an experienced attorney can help navigate this complex process and protect your rights.
You also need to be patient as these things are known to take a while before you can get compensation and a successful settlement.
