Are the truck driver and truck company liable for accidents? The truth is that it depends on the circumstances of the case. In many types of commercial truck accidents, both the trucking company and the truck driver are named in the insurance and civil claims.
However, that does not mean that the trucker and trucking company will be found liable in every commercial truck accident case. You are going to need a reputable New Orleans truck accident lawyer to help you identify those responsible and hold them accountable for their negligence.
Here is more about when truck drivers and trucking companies can be sued and other third parties who could be named in your injury claims.
When Truck Drivers Are Liable for Accidents
One of the most common parties held accountable in commercial truck accident cases is truck drivers. According to the Federal Motor Carrier Safety Administration (FMCSA), truckers are held to a higher standard than most other motorists on the roadways. When drivers fail to uphold this duty of care, they can be sued for victims’ damages.
Often, truck drivers can be named in lawsuits when their negligent driving is responsible for causing the accident. Negligent driving can take multiple forms, such as distracted driving, driving while fatigued, drunk or drugged driving, speeding, or any other unsafe driving practices.
If the truck driver is responsible for causing your accident, you may have the opportunity to file a claim against the trucking company’s insurance policy and name the truck driver in your personal injury lawsuit.
Truck drivers could also be held accountable for accidents caused by dangerous 18-wheelers. As part of their job responsibilities, truckers should conduct safety inspections before they go on a trip. If they fail to do these inspections and a collision occurs, truckers could share responsibility for victims’ losses.
Injured on Someone Else’s Property?
Know Your RightsOur expert premises liability lawyers will help you hold negligent property owners accountable.
Get a Free Case Evaluation
504-500-1111When Truck Companies Are at Fault
Trucking companies are also frequently named in commercial truck accident lawsuits. This is for many reasons, most notably because trucking companies are responsible for not only the company itself but also the safety and maintenance of their fleet and the truck drivers they employ.
Here are some of the most common instances in which trucking companies are named liable in personal injury lawsuits:
Failure to Perform Due Diligence
Trucking companies must do their due diligence before hiring truck drivers. According to the FMCSA, they must conduct comprehensive background checks and ensure truck drivers pass mandatory drug and alcohol screenings.
Failure to do so could leave the trucking company open to liability if one of their drivers causes a collision and we discover that the trucker has a history of reckless driving or substance abuse.
Failure to Make Necessary Truck Repairs
The trucking company also has an obligation to ensure its tractor-trailers are in safe, working order. The trucks should be properly maintained and repaired as needed.
If the trucking company tried to cut corners or save money by avoiding these repairs, it could be partially responsible for your damages if the collision was caused by an 18-wheeler defect or malfunction.
Encouraging FMCSA Violations
Additionally, trucking companies can be named in personal injury lawsuits when they encourage truck drivers to violate FMCSA rules and regulations. For example, they might encourage their truck drivers to violate the federal work hour restrictions per 49 CFR 395 to increase their profit margins or make delivery goals.
Since truckers are only allowed to work up to 14 hours in a shift and must have at least 10 hours off between shifts, trucking companies may encourage truckers to work beyond these restrictions, thus violating federal regulations.
Trucking companies also often encourage cargo loaders to overload tractor-trailers. Although there are weight restrictions as described by the Federal Highway Administration (FHA) Compilation of Existing State Truck Size and Weight Limit Laws, that does not stop some trucking companies from pushing the limits. When this happens, it can increase the likelihood of a tractor-trailer rollover or jackknife accident.
Other Parties Who Could Share Liability
Trucking companies and truck drivers are not the only parties who could be held accountable for the injuries you sustained. In fact, there are a wide variety of other individuals and entities who could share blame.
For instance, if a drunk truck driver caused your accident, your New Orleans catastrophic injury lawyer with Scott Vicknair Injury Lawyers would also evaluate the details of your case to determine whether a dram shop violated the Louisiana dram shop liability exception under LA R.S. § 2800.1(E) by misrepresenting the beverages they served were non-alcoholic when those beverages did in fact, contain alcohol.
Cargo loaders who overload tractor trailers, maintenance workers, safety inspectors, and other parties involved in the maintenance, operation, and safety of the big rig could all share liability depending on how the collision occurred. However, there is also a possibility that government agencies and municipalities could share fault.
For instance, if dangerous road conditions caused the trucking accident, you may have grounds for a claim against the city where the accident occurred or even the Louisiana Department of Transportation & Development (LaDOTD).
Keep in mind that when auto parts are defective or malfunctioning, not only the trucking company or truck owner could be sued. Auto parts designers and manufacturers could also share the blame. The dealership that sold the big rig, safety inspectors, company executives, and other third parties could be sued as well, and it just depends on how the collision occurred.
Harmed by a Dangerous Defective Product?
We’re Here for YouOur experienced product liability attorneys will fight to secure the compensation you deserve for your injuries.
Schedule a Free Consultation
504-500-1111Consult a Louisiana Truck Accident Lawyer for Help Today
Whether the trucking company, truck driver, or another third party is responsible for your injuries, our investigation will uncover the truth. You are going to need a high-powered New Orleans personal injury lawyer on your side who will stop at nothing to bring those responsible to justice. We will fight tirelessly to build the strongest case possible based on the circumstances of your collision.
When you are ready to take back control of your future, do not hesitate to contact Scott Vicknair Injury Lawyers to explore your options for legal recourse. After reviewing the details of your case, we will have a better idea of how to best approach your injury claims.
Fill out our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.