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Who Is Legally Responsible for Costs Caused by a Truck Accident?

Posted on in Truck Accidents

Metro New York personal injury attorney truck accident

If you or a loved one were hurt in a truck accident, you may be wondering who is liable for the costs incurred by the accident. A serious truck collision can result in overwhelming medical bills and property damage. The injuries may also leave the injured person unable to work. Through a truck accident claim, you may be entitled to financial compensation for your medical expenses, lost income from missed work, reduced earning capacity, vehicle damage, and more. However, before you can file a personal injury claim, you and your attorney will need to determine the liable party to hold them responsible.

Liability for Truck Accidents  

Determining who is liable for a truck accident is often a challenging task. Maintenance records, information from the truck’s event data recorder, physical proof at the accident scene, and other forms of evidence may be used to determine liability. The liable party may be:

  • The truck driver: Truck drivers have notoriously difficult jobs. However, this is no excuse to drive dangerously. A truck driver may be legally responsible for a truck accident if he or she drove under the influence of alcohol or drugs, violated traffic laws, was using a cell phone at the time of the crash, or was otherwise driving recklessly.

  • The trucking company: Liability for your accident may also fall to the trucking company. Truck driver fatigue or “drowsy driving” is a major issue in the United States. A trucking company may be liable for an accident caused by a drowsy truck driver if the company encouraged drivers to violate the Federal Motor Carrier Safety Administration’s (FMCSA) “Hours of Service” rules. The trucking company may also be responsible if the accident was caused by negligent hiring, lack of adequate truck inspections, insufficient maintenance, and other issues.

  • The party who loaded the truck cargo: Truck cargo that is not properly loaded or packed can fall off of a truck and cause deadly road hazards. Cargo that is not secured within a truck’s trailer can cause the vehicle to become off-balance and uncontrollable. If the party who was responsible for ensuring that truck freight was properly secured failed to do so, they may be liable for any damage caused by the unsecured cargo.

  • A manufacturing company: If a faulty braking system, steering mechanism, tire, or other defective truck part was the cause of the accident, the company that designed or manufactured the defective or damaged part may be responsible for costs related to your accident.

Contact a Greenwich, CT Truck Accident Lawyer

If you were injured or a loved one was killed in a truck accident, contact Ivey, Barnum & O’Mara, LLC to discuss your legal options. Depending on the circumstances that led to the crash, you may be entitled to financial compensation. Call our office today at 203-661-6000 to schedule a free case evaluation with our accomplished Metro New York personal injury attorneys.

Source:
https://www.fmcsa.dot.gov/regulations/hours-of-service

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