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Monday, March 21, 2011

Who is Responsible in a Truck Accident?

Commercial truck accidents are far more complicated than a typical automobile accident. Not only can a driver’s negligence lead to a fatal crash, but their maintenance and cargo load also have a big impact on how safe a truck driver is on the road. Therefore, there can be many responsible parties in a commercial trucking accident, including:

The Truck Company

Pursuant to the Federal Motor Carrier Safety Regulations, truck companies are responsible for virtually every act of their employees. You can and should include claims of independent negligence against the truck company if you’ve been injured in a commercial trucking accident.

Shipper Liability

A truck driver becomes extremely susceptible to accidents when their cargo is loaded improperly, the circumstances of which they may be completely unaware. If the load shifts in the trailer, the truck driver may lose control and cause a serious accident. If the shipper was involved in the loading process, they may be held responsible for failing to properly secure the cargo.
Broker Liability

Brokers, the persons/companies that arrange the contracts between shippers and trucking companies, are required to conduct a very minimal level of investigation into the truck company’s safety rating. If this investigation is not complete, the broker can be held responsible for allowing an irresponsible driver on the road.

The Insurance Company

According to Federal Motor Carrier Safety Regulations, trucking companies are required to conduct a thorough investigation of all potential drivers. Today, insurance companies are often hired to complete these investigations, especially if the trucking company is small. If an insurance company undertakes the responsibility to evaluate a commercial trucking applicant, but negligently fails to reject an unsafe driver, the insurance company may be liable in your accident.

If you or a loved one have been injured in a commercial trucking accident and would like to learn more about trucking accident lawsuits, please contact us today to schedule your first no-cost consultation.

posted by Katie at 10:00 AM

1 Comments:

Blogger Adams Young said...

Thanks a lot for sharing us about this update. Hope you will not get tired on making posts as informative as this. Moss & Colella PC

October 3, 2018 at 7:45 AM  

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The truck accident content on this website is not intended to be legal advice. If you were in a trucking accident, contact an experienced truck accident attorney as soon as possible. There may be a time limit on your trucking accident lawsuit.

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