Looking Beyond The Driver In A Truck Accident Claim

If you have been injured in a truck accident, it makes sense that you will hold the driver liable for your injuries and damages. This makes sense because in many cases the driver of a truck is at least partially liable for a truck accident. However, there are other potentially liable parties that you shouldn't overlook, including the following people:

The Owner of the Truck

In many cases, the driver of the truck and the owner of the truck are two different parties. Therefore, apart from the driver, the owner of the tuck may also be liable for your injuries. An example of this is if the accident was caused by inadequate maintenance of the truck's brake system. After all, the owner of the truck is required to ensure their vehicle is properly maintained.

The Owner of the Cargo

There are also cases where a truck accident isn't caused by the vehicle itself but by the cargo it is carrying. A good example is if an explosive cargo catches fire at the back of the truck and causes the driver to lose control of the car. In this case, the owner of the dangerous cargo may be strictly liable for the damages caused.

The Person Who Leased the Truck

If the truck is owned by a different company from the one operating it, then the person who leased it may also be on the hook for the accident. This is possible because some trucking companies don't buy their own trucks: they lease the vehicles instead. Consider a case where a company leases a truck but then hires a driver without a valid commercial driving license to operate the truck. In such a case, the lessee may be liable for the accident caused by the driver under negligent hiring and retention laws.

The Various Manufacturers

Just like other forms of car accidents, a truck accident can also be caused by a defective part. For example, an improperly designed trailer may cause the driver to lose control of the truck. In this case, the manufacturer of the trailer will be on the hook for the ensuing damages. Another example is when a defectively designed airbag explodes and causes the driver to lose control of the truck; the airbag manufacturer becomes liable for the damage.

The Loader of the Cargo

Lastly, there are also cases where the loader of the cargo is the one liable for the accident. This is the case if the accident is caused by the cargo and it turns out that the loader did not do their duty properly. For example, an improperly secured cargo may fall off the trailer and cause an accident.

For more information, contact an auto injury attorney.


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