Determining liability helps determine who is responsible for covering the costs associated with a trucking accident. This can include vehicle repairs, medical bills, lost wages, and other expenses. If a trucking company is found liable, they will likely need to cover these costs through their insurance policy.
Let’s take a look at how liability is determined in a trucking accident and how a Phoenix truck crash attorney can help victims get the compensation they deserve for their injuries and losses.
Determining Liability in Trucking Accidents
More often than not, the truck driver is found liable in an accident. Things like distracted driving, drowsy driving, speeding, or reckless driving that cause a crash will typically fall on the driver. As the vehicle’s operator, the driver is responsible for fellow motorists following the rules and driving safely.
However, the trucking company itself can also be held accountable in some cases. If the company fails to properly screen, hire, or train the driver, doesn’t enforce compliance with safety regulations, or requires drivers to break the rules like bypassing rest periods to meet tight delivery schedules, they may share liability.
An equipment malfunction or defect sometimes leads to a loss of control crash. If faulty brakes, worn-out tires, or other issues with the truck itself caused or contributed to the accident, the trucking company, parts manufacturer, or mechanic who last serviced the vehicle could face liability.
Common Causes of Truck Accidents
Driver fatigue is a huge problem in the trucking industry. When drivers don’t get enough rest, their reaction times suffer, and the risk of drifting off behind the wheel increases. According to studies, driver fatigue contributes to over 30% of truck accidents.
Poor truck maintenance also plays a role in many trucking accidents. If critical parts like brakes, tires, or headlights aren’t properly serviced, accidents are much more likely. Brake failure alone causes over 30% of truck crashes. As a truck driver, you’re responsible for conducting routine inspections to catch any issues before they become catastrophic.
Distracted driving is as dangerous for truckers as it is for passenger vehicles. Anything that takes your eyes or minds off the road, like messing with navigation systems, talking on the phone, or eating, can have deadly consequences.
Proving Negligence in Trucking Accident Claims
To win compensation in a trucking accident claim, you must prove the truck driver or trucking company was negligent. Negligence means they failed to exercise reasonable care, which caused the accident.
Driver Error
Driver error is one of the most common causes of truck crashes. Things like speeding, distraction, drowsiness, impairment, or improper maneuvering of the vehicle can all constitute negligence on the driver’s part. Did the driver violate hours of service regulations or fail to properly inspect the truck? If so, the trucking company may also share liability for not properly overseeing the driver.
Equipment Failure
If an equipment failure like bad brakes, defective tires, or a poorly maintained engine caused or contributed to the accident, the trucking company can be found negligent. As the party responsible for the truck’s maintenance and repair, the company must ensure all equipment is in safe working order.
Improper Loading
An unbalanced or overloaded truck can be difficult to control and stop, especially at high speeds. If the cargo was loaded improperly or exceeded weight limits, the trucking company and/or loader can be deemed negligent.
Get in Touch With a Phoenix Truck Accident Attorney Right Away
Being involved in an accident with a commercial truck can be a traumatic experience. These massive vehicles can cause life-altering injuries even at low speeds. You may be entitled to compensation if you or a loved one has been hurt in a trucking accident.
Our experienced Phoenix truck crash attorneys can evaluate your claim, help you understand your rights, and fight to get you the full settlement you deserve. Call us today at 480-405-5010 for a free, no-obligation consultation.