Truck accidents happen for many reasons. As a victim, you may be less concerned about who was responsible than you are for getting the compensation you are owed. Yet, your tractor trailer accident lawyer will work very closely with you to determine what factors played a role and caused the accident. They can then use that information to seek compensation from all parties responsible for your accident.
It is a misconception to believe that just the truck driver was responsible for what happened to you. If there was a commercial driver behind the wheel, there are additional situations that may apply to you, and a Philadelphia tractor trailer accident lawyer can assist with your case.
The Truck Driver
Many cases involve the truck driver making a mistake that makes them responsible. For example, if the truck driver was engaging in any of the following situations, they are likely to blame for what occurred:
- Illegal lane changes
- Speeding
- Intoxication with alcohol or drugs
- Aggressive driving
- Failing to yield the right of way
Truck drivers often hold at least some of the fault in these accidents. The driver is often responsible in situations where they cause the accident due to negligent acts or things they could have done differently to prevent the incident from occurring in the first place.
The Trucking Company
In situations where the truck driver is an employee of the trucking company or is working as an independent contractor, the trucking company could hold some responsibility for what occurred, in some situations. The trucking company is responsible for a variety of components to this situation, including:
- The maintenance and upkeep of the truck (if the trucking company owns the vehicle)
- The Hours of Service rules set by the Federal Motor Carrier Safety Administration for the number of hours a driver can operate a vehicle
- Random drug testing of the driver, which must follow the rules set at the federal and state levels as applicable
- The truck driver’s actions in situations where they are an employee
For example, if a truck driver has a history of being a reckless driver, and the trucking company knows this or should know it but fails to take action, that can lead to the trucking company holding responsibility for the actions of the driver. Trucking companies may be responsible for other situations as well.
The Truck Manufacturer
Looking a bit deeper at the situation, your attorney may determine that the problem that caused the accident was due to a defective design or a defective part on the truck. To prove this, your attorney and investigative team may look at other accidents like your own to get an idea of why they occurred. It may be possible to pinpoint similarities that indicate a component of the truck that led to the accident.
In this situation, the truck manufacturer could be held responsible for what occurred. These are far more challenging cases that often require evidence that the incident happened to more than just you. However, these can be powerful cases in situations where you can prove that this happened.
The Truck Cargo Company
A very common cause of truck accidents is a shift in cargo. Trucking companies often hire third parties to handle the loading of cargo to ensure it is put in place properly and secured as required under the law. When that does not happen, a truck’s cargo can come loose and cause the vehicle to flip, jackknife, or fail to stop, causing a drastic accident.
Cargo truck companies can be held responsible for your injuries and accident losses if you can show that there was a direct cargo-related cause in your accident. Not all companies hire third parties for these tasks. In those situations, the trucking company and driver may be held accountable.
The Owner of the Truck
There are some situations where trucking companies lease trucks from a third-party provider instead of owning them outright. This may be the truck driver directly or a completely different party. The owner of the truck can be held accountable for the losses that happen due to maintenance-related issues. Though these are more challenging truck accident causes to prove, maintenance is often an ongoing concern.
In every situation, your truck accident attorney must work to prove the accident’s cause. It may not be obvious, and police officers and transportation officials may need to look at more details to better understand the cause of the accident.
Seek out a free Consultation to Discuss Your Case Today
If you were hurt in a tractor trailer accident, hire a truck accident attorney who will fight for your full and fair compensation. At Kwartler Manus, our legal team is ready to fight for your right to fair compensation. Let us get to work finding the evidence to prove who is responsible for your losses. Call today for a free consultation.