Defendants in an Accident With a Truck
A truck accident can be catastrophic. This is due to the discrepancy between the size and weight of the truck compared to that of a passenger vehicle. They are often caused by truck driver error and inexperience. Anyone hurt due to trucker negligence can file a claim against the trucker and/or the trucking company that employs them.
Reasons for Truck Accidents
It is important to determine who is at fault in an accident with a big rig. The following are the most common reasons for car accidents:
- Trucker inexperience: Some companies hire truckers without sufficient experience. This leads to accidents.
- Fatigue: Because truckers are often pressed to arrive at their destination in the shortest amount of time, the truck drivers may fail to take the federally allotted amount of rest. It only takes five seconds for a trucker to close their eyes while driving for a crash to occur, especially when traveling at highway speeds.
- Distracted driving: Using a cell phone, texting or eating are all examples of distracted driving. Truckers often drive long distances or use GPS to find their way around time.
- Impaired driving: Few truckers drink while driving, but some use OTC medicines to stay awake. Others may take sinus congestion medications or allergy pills that often induce sleep.
- Poorly loaded cargo: When the cargo is loaded haphazardly, the load can shift and cause the truck to jackknife or rollover.
- Lack of maintenance: It is important that the truck be maintained properly. If it isn’t and this causes an accident, the trucker or trucking company can be sued.
- Aggressive driving: Being on the road for long stretches is not easy and sometimes this leads to aggressive driving.
- Truck defects: Sometimes the truck can have defective parts such as the tires, brakes or others. This can lead to an accident. When this happens, the manufacturer of the defective parts can be sued.
Who Can Be Sued After a Truck Accident?
Depending on the reason for the accident, the following parties can be sued:
- The trucker: Even if the trucker is employed by the trucking company, the driver may be sued. This happens when the accident was caused by driver error. Just because the trucker was responsible for the accident, it does not mean the trucking company was not complicit in some way. Truckers are also liable if they take shortcuts when it comes to maintaining the truck or following mandated rest periods.
- The manufacturer of the truck: The design or manufacturer of the truck may be liable if there are defective parts. A product liability lawsuit can be filed in such cases.
- Third parties: On occasion, a third party is used to load the truck or maintain it. If an error is made, the mechanic or cargo loaders can be sued.
- Trucking company: Some trucking companies push their truckers to make as many deliveries as possible and ignore stopping to check their load periodically or resting to shave time off. This can lead to accidents. So can failing to replace worn or defective parts or loading the truck correctly.
Olinde Law Firm
If you have been injured in an accident with a truck, call the lawyers at Olinde Law to schedule a free case review (800) 587-1889. We will look at your case, answer your questions and give you your options moving forward. You can also reach out to us online.