Who Is Responsible For A Commercial Truck Accident?
Commercial truck accidents are very different from a typical passenger car accident because trucking companies usually employ the truck driver in the wreck. The trucking company bears every responsibility of its truck’s driver and the safety of the trucks it owns. The size difference between an 18-wheeler and other vehicles on the road is enormous, and a typical fender bender can lead to severe injuries. A New Mexico truck accident lawyer can help you investigate your accident case and help get total compensation for your losses.
Who is held responsible for a commercial truck accident?
In the case of normal car accidents, it is easy to sue the at-fault driver and claim compensation from the insurance company, but it is pretty hard in commercial truck accidents. In commercial truck accidents, you have to file claims against the driver, driver’s employee, cargo owner, owner of the truck, and truck maintenance company. But it is not the same for independent drivers and contractors who own their big rigs.
Mentioned below can be held responsible for a commercial truck accident.
- Liability of truck driver
A truck driver may have caused an accident because of unacceptable behavior like overspeeding, drinking, fatigue, or distracted driving. The law can bring several criminal charges against the truck driver. The truck driver is also responsible for checking and properly maintaining engines and loading cargo.
- Cargo shipping and loading company
Some carriers work as contractors for shipping cargo for their companies by transporting cargo sealed the whole time. These cargoes might fall off the truck due to poor packaging and cause a massive road accident. Overloading often leads the truck to distribute unevenly and overweight to tip over. If cargo shift and other problems have caused the accident, then records from each party involved, including the carrier, need to be examined.
- Truck parts maker and manufacturer.
Even if the causality of the accident is the driver’s fault, the company that has employed the driver should be held accountable for paying compensation to the victim. It might also happen that the trucking company provided the truck with defective body parts, which can be the reason behind the accident. You could seek a product liability claim if the failed part or system were defective from the beginning by holding the manufacturer accountable.
- The owner of the truck
If the commercial truck is owned by an owner and not by a company, the owner must be held accountable for a truck accident. The owner should be responsible for checking if the engines, brakes, and gearbox are working fine. The owner forcing its driver to overwork than usual working hours often drive restlessly and distracted which is the main cause for most accidents in New Mexico.