The legal aftermath of truck accidents can be confusing and complex. This is because it is often difficult to find fault. Although truck drivers are typically highly trained and regulated drivers with a faultless record, they also drive long distances and can be prone to fatigue.
The judgment of which party is to blame is first the job of the insurance company. But many can disagree with the findings of these initial investigations. It is important that you document as much as you can at the scene, including taking photographs of damages and seeking out witnesses. The following are some common legal issues after a truck accident.
Should the truck driver or the truck company be sued if they are at fault?
This will depend on the working status of the truck driver. If they are employed by a company and have a formal relationship, then the company can be at fault, since they had a responsibility to employ drivers that fulfilled their duties on the road.
If the contents of a truck caused injury, can the shipper be sued in addition to the driver?
All shippers of products must adhere to safety regulations. Therefore, if a collision occurs, and the products, for example hazardous chemicals, were unsafely packaged to the point that they injured another person, they might be liable. The shipper also has a duty to inform when it comes to hazardous materials, which they may have failed to do.
If you have been involved in a truck accident, you will likely have a great deal of questions and concerns. It is important, therefore, that you conduct thorough research based on your situation.
Source: FindLaw, “Commercial truck accidents FAQ,” accessed Feb. 22, 2018