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7 Situations When A Third Party Can Be Liable For A Truck Accident

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Posted: 12th August 2022 by
Lawyer Monthly
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Truck Accident

Truck accidents are ordinary all over the US. It has increased a lot over the years. In the US, 9.8% of all the vehicles involved in fatal crashes were trucks. The truck accident percentage had a decline in the year 2020. The pandemic might be the reason for the decline since truck accidents started increasing the following year. Truck accidents can be devastating for everyone involved. 

The economic losses caused by a truck accident will be astronomical. Thankfully, these losses can be compensated by filing a lawsuit. Truck accident lawyers can help you successfully claim the compensation money. Hiring an attorney is essential since the trucking companies will try to find ways to cheat you. It is vital to know who caused the accident to file a lawsuit. 

Liability

For an accident, there can be multiple liable parties. A person responsible for an accident is said to be the liable party. In a truck accident, there can be more than one liable party. Usually, if a truck collides with a car, the truck driver or the car driver will be responsible for the accident. These are not the only liable parties in a truck accident.

Third-Party Liability

When an external factor causes a truck accident, that factor is said to be a third-party liability. Many think that DUI is the utmost reason for truck accidents. It is not correct. There are many factors to consider when determining the at-fault person in a truck accident. Some of the third-party liabilities are:

  • Trucking Companies
  • Truck Manufacturer
  • Truck Mechanic
  • Truck Loaders
  • Truck Owners
  • Administration  
  • Government

Trucking Companies

The trucking company’s goal is to generate revenue. Profit will be the only thing on the minds of a trucking company. The company will generate more profit if the truck completes more trips. So the trucking company will force the driver to overwork and achieve unreasonable deadlines. In addition, they will overload the vehicle to ship more cargo in one trip.

Truck Manufacturer

Defective tires are the leading cause of truck accidents. Most truck accidents are caused by a faulty part. In that case, the manufacturer of the unsound truck part can be held liable for the accident. The truck manufacturer should check all the products and reject the defective parts. 

Truck Mechanic

The auto repair shop which recently fixed the truck can be held liable. They can be held responsible if the accident was caused by the part they fixed. In addition to repairing the defective parts, it is a mechanic’s duty to notify the driver about future problems that can arise. 

Truck Loaders

There is a specific method to load trucks. The truck must be loaded only in that particular way. If the loader fails to load the cargo properly, they can be held liable. The cargo imbalance in a truck can cause it to lose control. The consequences will be grave when a heavy vehicle loses control.

Truck Owners

Sometimes the truck will have a different owner. The truck owner must thoroughly check the vehicle before sending it on the road. If any truck part is malfunctioning, it should not be approved for shipping. Further, it is the owner’s duty to maintain the vehicle in good condition.

Administration

The administration of the trucking company which hires the truck drivers can be held liable. The HR team should run a background check on the driver. If the at-fault driver is incompetent or a drug abuser, the HR team can be held liable for the accident.

Government

This is a rare case scenario but still a possibility. If a damaged road is a cause of the accident, the government can be liable. A truck can easily start to swerve because of cracks or unclosed potholes. Gaining control of a swerving truck is a mighty task. In such cases, the government should take responsibility. 

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