Truck accidents are far more serious than car accidents, and they can be far more complex when it comes to liability. There are a number of factors that are an issue when a commercial truck is involved in an accident, including ownership and insurance. Here are some factors that can influence who is liable for truck accidents.
The Nature of the Accident
The cause of a truck accident is important for determining liability in an accident. The driver, trucking company, owner of the truck, the leasing party of the truck, or even the manufacturer of the truck may be at fault, depending on the circumstances of the accident.
If the accident occurred due to an error made by the driver, it is possible that the driver will be held liable for the accident. The trucking company that employs the driver may also be to blame. If the driver made a mistake due to inadequate training, the trucking company could be held liable for not training the driver thoroughly enough. If the driver caused an accident due to tiredness, the trucking company may be held liable, if it was found that they allowed their drivers to drive beyond the time limit drivers are legally allowed to drive.
Mechanical Failure Due to Maintenance Issues
The party who owns or leases the truck is responsible for ensuring that the truck gets regular maintenance to keep it in good shape and catch potential issues early. Many truck accidents are caused by mechanical failures due to improper maintenance or adjustments. If an accident is caused by a mechanical failure, the party who is responsible for maintaining the truck may be liable.
Mechanical Failure Due to Faulty Manufacturing
Mechanical failures can occur due to manufacturing faults as well. The manufacturer may be held liable if it can be demonstrated at the faulty part failed under normal operation, and the failure was not due to misuse or poor maintenance.
It isn’t uncommon that multiple insurance policies may be involved in the accident, since the driver, trucking company, leasing party, and others involved may each have insurance coverage to protect them. In addition to multiple policies, you may also have several lawyers working on the claims related to the accident. Because of the complexity of these accidents, it is highly recommended that you enlist the services of an experienced and knowledgeable truck accident attorney to help you with your claim.
Schedule a free case evaluation with our Truck Accident Attorneys in Anchorage.