When Can Multiple Parties Be Held Liable in a Truck Accident?
When someone gets hurt in a truck accident, it’s important to figure out who is to blame. Sometimes, more than one person or group can be responsible. This blog will explain who might be liable, what that means, and why an Allentown truck accident lawyer can help.
What Does “Liable” Mean?
“Liable” is a legal term for “responsible.” If someone is liable for a truck accident, they caused or helped cause it. They might have to pay for medical bills, car repairs, or other damages the accident caused.
A truck accident is not always just one person’s fault. Many people or companies can share the blame. Finding out who is liable is important to ensure the person who got hurt gets help.
Why Are Truck Accidents Different?
Trucks are massive. They’re much bigger than regular cars. A truck can weigh as much as 80,000 pounds. That’s like 20 cars put together. Because trucks are so big, accidents with them can be extremely serious. They can injure people, break cars, and even block roads.
Trucks are also used for work. They carry items like food, clothes, or building supplies. Many people are involved in ensuring the truck runs safely, and if something goes wrong, those people can be part of the problem.
Who Can Be Liable in a Truck Accident?
Let’s talk about the different people or groups that might be responsible for a truck accident:
The Truck Driver
The truck driver is the person driving the truck. If they make a mistake, they can be liable. Here are some things a driver might do wrong:
- Driving too fast: Going over the speed limit is dangerous, especially for a big truck.
- Not paying attention: If drivers are texting or looking away, they might crash.
- Being tired: Drivers have rules about how long they can drive. If they drive too long without a break, they can get sleepy and cause an accident.
- Breaking rules: If drivers don’t follow traffic laws, like stopping at a red light, they can cause a crash.
If the driver did something wrong, they might have to pay for the damage. But sometimes, it’s not just the driver’s fault.
The Trucking Company
The trucking company is the driver’s boss. They own the truck and tell the driver what to do. The company can be liable if they did something wrong, like:
- Hiring a bad driver: If the company hires someone who doesn’t know how to drive a truck safely, they’re partly to blame.
- Not fixing the truck: Trucks must undergo checks to ensure safety. They can be liable if the company skips these checks and the truck breaks.
- Pushing the driver too hard: If the company tells the driver to drive too long or fast to deliver stuff, that’s unsafe. The company can be responsible if that causes a crash.
The trucking company’s job is to keep everyone safe. If they mess up, they might share the blame.
The Truck Maker
The truck maker is the company that built the truck. Sometimes, a truck has a problem because of a manufacturing defect. For example:
- Bad brakes: The manufacturer can be liable if the brakes fail due to a defect in the truck’s construction.
- Broken parts: If something like the steering wheel or tires was made poorly and caused a crash, the maker might be to blame.
This doesn’t always happen, but when it does, the truck maker can be responsible for the accident.
The Company That Loaded the Truck
Trucks carry heavy loads, like boxes or machines. The company that puts the load on the truck has to do it carefully. If they do it wrong, it can cause an accident.
Here’s how:
- Too much weight: If the truck is too heavy, driving safely is hard.
- Stuff not tied down: If the boxes or items fall off the truck, they can hit other cars or tip the truck.
If the loading company messes up, they can be liable for the accident.
Other Drivers
Sometimes, other people driving cars or smaller trucks cause the accident. For example:
- Cutting off the truck: If a car swerves in front of a truck, the truck cannot stop in time.
- Not following rules: If another driver runs a stop sign or red light, they can crash into the truck.
If another driver did something wrong, they might share the blame with the truck driver or others.
The Government
This one might sound surprising, but sometimes, the government can be partly liable. The government takes care of the roads. If they don’t do a good job, it can cause an accident.
For example:
- Bad roads: Large holes or poor repairs on the road can cause the truck to crash.
- Missing signs: If there’s no sign to warn about a sharp turn or danger, the truck driver might not know to slow down.
The government isn’t usually the main one to blame, but they can share some responsibility.
How Do You Figure Out Who’s Liable for a Truck Accident?
You must look at all the pieces to see who is liable for a truck accident. Here’s how it works:
- Look at what happened: People like police officers and truck accident lawyers will investigate what caused the crash. They might examine the road and the truck and talk to witnesses who saw it happen.
- Check the rules: There are laws for truck drivers about hours of service and drug use. If someone breaks those rules, they can be liable.
- Talk to expert witnesses: Sometimes, experts examine the truck to determine whether it was broken or made incorrectly. They help determine who messed up.
- See who was careless: If someone wasn’t careful—like driving too fast or not fixing the truck—they might be to blame.
This can take time because truck accidents are complicated. That’s why it’s so important to have a truck accident lawyer.
Why You Need a Truck Accident Lawyer After a Crash
A truck accident lawyer helps people who get hurt in a truck accident. They know all about trucks, laws, and how to determine who’s liable. Here’s why you might need one:
- They find out who’s to blame: A lawyer will examine everything to determine who caused the accident. They’ll check whether it’s the driver, the company, or someone else.
- They talk to big companies: Trucking companies and truckmakers have their lawyers. Those lawyers try to protect the company. Your truck accident lawyer will stand up for you.
- They help you get money: If you get hurt or your car breaks, you might need money to fix things. A lawyer makes sure the liable parties pay what they owe.
- They know the law: Laws about trucks are complicated. A truck accident lawyer knows the details inside and out, ensuring the best approach for your case.
Without a lawyer, figuring out who’s liable and getting the necessary assistance can be difficult. A truck accident lawyer makes it easier.
What Happens After You Find Out Who’s Liable for a Truck Accident?
Once you know who’s liable for a truck accident, the next step is making things right.
Here’s what might happen:
Paying for Damages
When multiple parties are found liable, they may be responsible for a wide range of damages to compensate victims for their losses. A truck accident lawyer makes sure all costs are covered and pursues claims against the insurance or assets of everyone responsible.
Common damages include:
- Hospital and medical bills: Truck accidents often cause serious injuries, like broken bones, spinal damage, or traumatic brain injuries. Liable parties may have to cover emergency care, surgeries, rehabilitation, and ongoing treatments, such as physical therapy or mental health counseling.
- Vehicle repairs or replacement: If your car, motorcycle, or other property was damaged, the responsible parties can pay for repairs or the cost of a replacement vehicle if yours is totaled. This covers the cost of a rental car while you repair your vehicle.
- Lost income and earning capacity: Injuries may prevent you from working, either temporarily or permanently. Liable parties can be held accountable for lost income and, in severe cases, the loss of future earning potential if your ability to work decreases.
- Pain and suffering: Beyond physical injuries, truck accidents can cause emotional distress, chronic pain, or a reduced quality of life. Compensation for pain and suffering addresses these non-economic losses, which a truck accident lawyer calculates based on the injury’s severity and impact.
- Other expenses: Victims may incur costs like transportation to medical appointments or home modifications (e.g., wheelchair ramps). Liable parties can be required to cover these as well.
A truck accident lawyer meticulously documents all damages, working with medical professionals and economists to quantify current and future costs. In multi-party cases, they ensure each liable entity contributes fairly, whether through settlements or court-ordered payments, maximizing the victim’s financial recovery.
Going to Court
Not all liable parties willingly accept responsibility or agree to fair compensation. Insurance companies, trucking firms, or other defendants may deny fault, offer low settlements, or delay payments to pressure victims into accepting less. When negotiations stall, a truck accident lawyer may recommend taking the case to court to hold these parties accountable.
The litigation process involves several key steps:
- Filing a lawsuit: The lawyer drafts and files a legal complaint outlining the negligence of each liable party and the damages sought. This formally initiates the case in civil court.
- Discovery phase: Both sides exchange evidence, including documents like driver logs, maintenance records, and medical reports. Depositions—sworn statements from witnesses or defendants—may also be taken to clarify facts.
- Building the case: A truck accident lawyer collaborates with professionals, such as accident reconstructionists or medical specialists, to prove how each party’s negligence caused the crash and injuries. They present evidence like black box data or surveillance footage to strengthen the argument.
- Court proceedings: If the parties don’t settle, the case moves to trial. The lawyer presents the case before a judge or jury, calling witnesses and submitting evidence to demonstrate liability and damages.
- Verdict and appeals: The court orders liable parties to pay damages if it rules in the victim’s favor. However, defendants may appeal, prolonging the process. A skilled truck accident lawyer handles appeals to protect the victim’s award.
Court cases can be lengthy and difficult, especially with multiple defendants, but they’re sometimes necessary to secure justice. A truck accident attorney assesses whether litigation is the best path, balancing the potential for higher compensation against the time and stress involved.
The goal is to help the person who got hurt and make sure everyone is safer in the future.
How to Stay Safe Around Trucks
While we’re talking about truck accidents, let’s share some tips to stay safe:
- Give trucks space: Trucks need more room to stop or turn. Don’t drive too close to them.
- Watch for blind spots: Trucks have big spots where the driver can’t see. If you’re in those spots, be extra careful.
- Be patient: Trucks move slower than cars sometimes. Don’t try to pass them in a hurry.
- Follow the rules: Always obey traffic lights and signs to keep everyone safe.
Being careful can help stop accidents before they happen.
Talk to a Truck Accident Attorney Right Away
Figuring out who’s liable is vital for helping the hurt person. Sometimes, the truck driver, the trucking company, the truck manufacturer, or even another party can be to blame. Pinpointing responsibility is essential to ensure the right people are held accountable for the harm caused.
A truck accident lawyer is the best person to help determine who is at fault. They have the experience to investigate the details, gather evidence, and uncover the truth, ensuring the responsible parties are liable for the damage and losses.
If you or someone you know is involved in a truck accident, don’t wait. Contact an Allentown personal injury attorney right away. They’ll guide you through the next steps, explain your legal options, and make sure you receive the care and compensation you deserve.