Although the commercial truck driver is usually the primary at-fault party involved in a truck accident case, they may not be the only one liable for your harm. One of the primary reasons truck accident cases are more complicated than other types of traffic collisions is the presence of multiple liable parties. Other parties may share some responsibility for the accident, like the trucking company, other drivers, the cargo loader, or a mechanic who performed work on the rig or trailer.
Plaintiffs have the right to seek compensation from all liable parties; an experienced Denver truck accident attorney can determine who those are in your claim.
Seeking compensation from the trucker’s employer
Holding the trucking company responsible for the actions of its drivers, whether the trucker is a direct employee or contract driver, involves the legal concept of vicarious liability. The trucker is acting as an agent of the carrier, and therefore the trucking carrier can be held liable in a truck accident claim.
Commercial trucking companies are responsible for only hiring or contracting with properly trained, licensed operators. They must also properly supervise their drivers and avoid setting schedules that would cause the driver to operate the vehicle longer than FMCSA-approved operating hours.
If there are complaints about the trucker, or if the driver is ticketed for DUI or DWI or is otherwise irresponsible or unreliable as a commercial truck operator, it’s the trucking company’s duty to keep that driver off the road. Failure to do so means the trucking company was negligent.
Cargo loaders
Drivers don’t usually load their own cargo, although they do have a responsibility to check it regularly to ensure it hasn’t shifted. If the party responsible for loading the truck does a poor job, the truck could tip over or jackknife, causing a wreck.
Semi-trucks are more likely to tip over in high winds, inclement weather, and steep or winding roads because their center of gravity is higher, and the vehicle itself is more cumbersome to maneuver. Proper cargo balance is critical to keeping the truck balanced and upright.
However, determining liability on the part of cargo loaders can get a little more complicated, as your attorney must be able to prove that the cargo was improperly loaded initially. However, this could still be a factor in your case, and another defendant who may owe you compensation.
Mechanics and truck manufacturers
A malfunctioning or fundamentally defective vehicle poses a danger to the driver and others on the road. A professional commercial trucker can do everything right, but if the vehicle isn’t working properly, it can still cause a wreck.
Proving a manufacturer’s liability in a truck accident case takes considerable resources, as your lawyer must determine if the flaw was in the design or due to problems with one batch of vehicles. If the truck had an inherent defect, then either the manufacturer or designer (or both) can be held liable for your damages.
Or, perhaps the mechanic that the trucker or trucking company hired did a shoddy job on repairs. In that case, the mechanic is liable if a malfunctioning truck causes the driver to lose control and crash.
Trucking companies are responsible for keeping their fleet vehicles properly maintained, too. If the company fails to do so and permits drivers to operate vehicles in unsafe condition, it’s another way in which they can be held vicariously liable for their drivers.
A lawyer looks at all potentially liable parties
When you contact an experienced truck accident attorney, we take a look at the facts to determine liability and get you the compensation you deserve.
Have you been hurt in a commercial truck crash? A truck accident attorney from Zara Injury Law can help you get compensation. Call (866) 823-8288 today for a free consultation.