There is nothing more complicated than dealing with the aftermath of a truck accident. There are so many things that have to be taken into consideration; for starters, who is responsible for causing the accident and what caused the accident. However, proving negligence is never an easy task. There could be several parties involved, and even though it may seem at first that the truck driver was the one whose negligent actions caused the accident, other parties may be at fault. Some examples involve:
- Malfunctions (truck company or truck-maintenance company could be at fault)
- Unsecured and overweight cargo (whoever loaded the truck could be at fault)
But usually, right after the accident happens, the injured parties call the police and then the investigation begins. Our Truck Accident Lawyers in Los Angeles advise you to get legal help as soon as you are able to, in order to help you deal with the situation.
Here is how fault is determined and who is usually at fault after a truck accident.
Potentially Responsible Party
There are several parties that can be held liable following a truck accident. These parties include:
- The truck driver: in almost 7 out of 10 truck accidents, the driver is the one at fault. He or she may have broken the law, had an operational issue with the truck or had been distracted. Other things that could have caused the accident include drugs and alcohol, sleeping pills or energy drinks.
- The trucking company: believe it or not, many companies hire drivers without any background check or paperwork-check. It is the company’s responsibility to hire experienced drivers. Hiring inexperienced drivers for less money looks like a method of saving some money in the process, but it puts everyone on the road in danger of getting killed or severely injured.
- The truck-maintenance company: whoever is in charge of maintaining the truck will be held responsible if the accident occurs due to defective parts or malfunctioned parts.
- The owner of the truck: the truck owner has the responsibility to inspect the truck, check the engine, pay the upkeep and replace tires occasionally. If the company does not own a truck, the truck owner could be held responsible for the accident.
- Cargo Loaders: almost 50 percent of all accidents occur due to unsecured or poorly secured cargo. Sometimes, the cargo loaded onto a truck is more than the truck can handle, causing the driver to lose control of the truck. In these situations, the cargo loaders are the ones to blame.
- Truck manufacturers: in some instances, truck manufacturers could also be responsible for the accident. If they sold a defective truck or did not inspect the truck properly before selling it or putting it on the lot, they will be held partially responsible for the truck accident.
Always consult with your attorneys right after the accident. If you do not have an attorney on speed dial, reach out to Los Angeles Truck Accident Lawyers and schedule a free initial consultation today to receive a free case evaluation and legal support and guidance.