Understanding Liability in Truck Accident Cases: Who Can You Sue?
Liability in truck crashes varies based on the circumstances of the accident. In most cases, the trucker is employed by a trucking company, which makes the trucking company liable in the case of an accident. It is possible for the driver to share liability with the trucking company, especially if gross negligence can be proven. However, as an employer, the trucking company will usually not be able to escape all liability.
Driver Errors
The most common causes of trucking accidents involve driver error, including the following:
- Fell asleep
- Driver distraction or inattention
- Driving too fast for the conditions
- Following too closely
- Illegal maneuvers
- Mishandling of emergencies, such as panic or overcompensation
- Unfamiliarity with the roadway
- Over-the-counter or prescription drug use
- Driver fatigue
- Driver feeling pressure from carrier or employer
- Driver illness
- Use of alcohol or illegal drugs by the driver
- Inadequate training
In some of the above circumstances, the driver may not be solely to blame. In the case of prescription drug use, a doctor or pharmacist may have negligently cleared the use of the drug while driving.
Driver fatigue is a widespread issue among truckers. The FMCSA guidelines allow truckers to work for up to 70 hours per week. Trucking companies are allowed to require drivers to work 14-hour days with 11 hours of driving time. Truck driver fatigue increases risks for truck drivers and all drivers who share roadways with them.
Advocates for Highway and Auto Safety oppose these rules because they do not afford truckers adequate opportunities to rest. Some trucking companies pressure truckers to violate these guidelines and work longer hours.
Third-Party Liability
Third parties may bear some or all liability in truck accidents, such as in the following circumstances:
- Defective truck component
- Shipping company loaded the cargo improperly
- Third party at the scene
- Road conditions that were neglected by a city or county governing body
An experienced truck accident attorney can evaluate your case and help you identify all liable parties. Contact the Lanier Law Firm today for a free case evaluation.