Proving the liability in case of a truck accident will be one of the primary concerns a victim will have to face when filing a lawsuit for recovering the losses. The liability of a truck accident depends on certain factors. If the driver who caused the accident is an employee of the trucking company, then you can sue the trucking company for the accident. But in some cases, the driver might be an independent contractor who works for the company, and hence the driver will have the sole responsibility for the accident in those cases.
It is important for the victim to know about the relation between the driver and trucking company to decide which all parties should be included in the lawsuit. A truck accident attorney can help you to investigate about the connection between the truck driver and the trucking company to find the right parties to sue when filing a lawsuit.
Who are the potentially liable parties?
The truck driver: If the truck accident was caused by the driver’s fault, then he/she will have to bear the responsibility. The reason for the accident might be the violation of the law by the truck driver. The distraction or negligence of the truck driver can also result in an accident. For all these causes, a truck driver can be held liable for the accident.
The trucking company: In some cases, the trucking company who hired the driver can be also held liable for the accident. If the driver has some previous records of violating laws, or drinking problems or drug addiction, then the company committed a mistake by hiring such a person. So the company can be held liable for the accident such a driver caused.
Other instances when the trucking company can be held liable are; if the company failed to inspect and maintain the truck properly, or neglected to take safety measures, or has given over stress for the driver to meet the deadline. In such cases you can sue the trucking company also.
The cargo loaders: If the cargo on a truck is not loaded properly, there is a high possibility for its contents to fall off and create damages. In those cases, the cargo loaders will also bear the responsibility of the accident.
When the reason for the accident is the malfunctioning of some truck parts then the manufacturers will be the party who held responsible for the accident. If you get involved in a truck accident caused by the improper working of truck parts, then you can file a lawsuit against the manufacturers with the help of a truck accident attorney.