The Different Third-Party Liabilities In A Truck Accident You Should Know About
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Published on: 23 March 2023
Last Updated on: 14 November 2024
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According to a study by the National Highway Traffic Safety Administration, almost 90% of highway accidents result from human error.
Even though most accidents have at-fault drivers, this doesn’t mean they are the only ones who have to pay for the damages. If more than one person or entity bears responsibility, you must use both to force them to appear at trial or negotiate a settlement.
What Are Third-Party Liabilities in a Truck Accident?
When discussing legal duties in a truck collision, it’s important to distinguish between the truck driver’s legal obligations and those of any third parties.
These third parties may bear some of the blame for the accident consequences because of the actions or lack of care that led to the accident. For example, if the truck driver nods off at the wheel and causes an accident, the driver and the trucking firm might be held responsible for the accident.
Trucks bring goods and other items routinely through and to Ocala, but they pose particular risks to other road users. However, establishing who is at fault for an accident involving a truck sometimes needs a detailed analysis of the incident.
Before getting compensation for injuries and other losses in Ocala, you need to consult an attorney with expertise in such cases. Consider hiring Ocala truck accident attorneys to deal with insurance companies and help you with the case. They’ll negotiate with the insurance carrier to maximize your settlement or take your case to court if necessary.
Different Third-Party Liabilities in a Truck Accident
Here are the third-party liabilities in a tragic accident you should know about.
1. Trucking company liability
Safety for truck drivers is the sole responsibility of the trucking company, which has to make sure the vehicles are safe to drive. When a truck accident occurs because a truck driver is performing work-related duties, the blame goes to the trucking business that owns and employs the driver. Some causes of this liability include carelessness in personnel selection or instruction, inadequate vehicle maintenance, or disobedience of government requirements. For example, the driver’s employer will be liable if the employee lacks enough training.
2. Manufacturing liability
Before releasing their products to the public, manufacturers must ensure the security of their vehicles and components. If a faulty piece of equipment or part contributed to the track crash, the manufacturer might be liable under the manufacturer’s responsibility laws. The truck maker will be responsible for faulty parts, such as brakes, contributing to the accident.
3. Contractors’ liability
Third-party contractors can be liable for damages when the tracking firm subcontracts maintenance or freight-loading services. The contractors will be liable for damages caused by their carelessness. They will be to blame for sending out vehicles that weren’t road-ready.
4. Maintenance company liability
Some businesses use outside help to inspect and repair their fleet of vehicles. If poor maintenance causes a truck accident, the trucking business is accountable. The maintenance company would be responsible for an accident if they handled the car’s bad condition because of poor maintenance or bad repairs. Particularly, the firm in charge of the truck’s upkeep would be culpable for the crash.
5. Cargo loading company liability
When trucks aren’t loaded correctly, the risk of an accident increases because the cargo is not spread out and secured properly. The company that loaded and secured the goods is responsible if the accident was due to improper loading or security.
6. Government liability
Government mistakes can lead to large truck accidents, like when a road or traffic light breaks down and causes a crash. Even if motorists follow all the rules, they might still be involved in an accident because of malfunctioning roads or traffic light issues.
7. Other driver liability
The other driver might be liable for a truck collision if they caused the accident. For example, if an accident occurs because another driver suddenly cuts in front of them, you will hold the other driver responsible. The other motorist, who was speeding or switching lanes without signaling, will also be responsible for the accident. When drunken truck drivers ignore their duty to the public, they are responsible for any accidents they cause.
Final Thoughts
Truck accidents are notoriously difficult to investigate and determine faults. If you are involved in a truck accident, consult with a knowledgeable attorney to help understand the legal ramifications of your situation. Contact a seasoned car accident attorney after an accident in which the other party is to blame.
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