Injuries from auto accidents can last a lifetime and result in immense suffering, which has a dreadful effect on our nation. Numerous road accidents happen every day. An 18-wheeler truck weighs around 20 times as much as a conventional on-road car, therefore the injuries and damage are much worse than in a typical accident.
In addition to the severity of the truck accidents, they are also more complicated due to the possibility of multiple defendants. There are various parties that can be held liable for a truck accident. The truck accident attorneys at Gatti, Keltner, Bienvenu & Montesi will conduct a thorough investigation to properly hold all parties responsible.
Who Is Liable After a Truck Accident?
Due to the fact that the truck driver involved in the collision is typically an employee of the trucking company, commercial truck accidents are certainly not the same as passenger car accidents in this regard. As the trucker’s employer, the company may be held accountable for the actions of its drivers and the security of the trucks the operate. Along with the truck driver and the carrier, there may be various others who could be responsible for a truck accident.
Because they are in charge of roadway design or maintenance, local government employees or contractors could be held accountable. Vendors, cargo owners, trucking companies, drivers, and manufacturers, in addition to government entities, may also be held accountable.
Various facts should be analyzed after a truck collision to determine the course of events as well as who is legally liable. Investigating the commercial vehicle and other automobiles involved in the collision entails gathering evidence on the site, acquiring police reports, and obtaining data from the event data recorder (EDR) of the damaged truck. In certain circumstances, accident reconstruction experts may be enlisted to carry out a forensic examination and interpret the accident.
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Who Are Possible Liable Parties After a Truck Collision?
The truck driver is perhaps the most probable candidate to start. A truck driver could have been the negligent party that led to the collision due to speeding, drowsy driving, impaired driving, or distracted driving. In some cases, criminal charges that could result in a conviction against the driver may be a factor.
The truck’s upkeep and cargo loading must be checked by the driver as well. The truck driver may be partially to blame if maintenance problems or cargo movement result in a truck accident. Furthermore, truck drivers could not be accustomed to various highways or road conditions, which might result in poor driving.
The Transportation Company
Next, the transportation company is most likely responsible for an accident after the driver. The trucking company/carrier is in charge of the vehicles and truck operators that it sends out into the highways. This includes accountability for new-hire practices and driver training, which could be an issue if the business hires drivers with a history of traffic infractions or other violations of FMCSA regulations, or if corporate records fail to reflect adequate training.
Employee interviews or company records may show that a carrier encourages workers to circumvent FMCSA laws on vehicle maintenance and inspections or hours of service (HOS) restrictions in order to save money. Additionally, the manufacturer may also be held accountable for an accident. Some truck collisions are brought on by a truck’s breakdown or the failure of one of its parts, such as tire blowouts, brake failures, steering system problems, or coupling (kingpin) system problems.
This might be a maintenance issue, but if the malfunctioning component or system was faulty from the start, the manufacturer and distributor could be held liable for damages.
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Can There Be Liable Parties Other than Trucking Companies and Manufacturers?
A truck accident and the resulting damages are not necessarily the driver’s fault. There are numerous parties who may be held accountable, so it’s critical to comprehend the reasons why each one can be named in a truck accident lawsuit. In a trucking accident, government entities and employees may potentially be held accountable.
The municipal or state authority in charge of that portion of the route may be held accountable if a road hazard (potholes, broken pavement, debris) results in a truck accident. A maintenance contractor engaged by the government might also be held responsible if the work they performed resulted in an issue or if a sanctioned work zone led to a collision. Another person who is most likely to be held accountable in a truck accident case is the cargo loaders and shippers.
Some carriers transport goods for other companies while operating independently. During the course of their engagement with it, they may carry sealed items. The cargo originator, shipper, loader, and transporter are the individual parties responsible for adhering to applicable federal and state requirements.
If they are negligent, they may be held liable. Records from all parties involved with the cargo, including the carrier, must be subpoenaed and examined if a cargo shift or other cargo issues are to blame for a truck accident.
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What Are Some Trucking Laws in Tennessee?
Numerous facets of the transportation sector are governed by Tennessee law. Tennessee Code §55-7-203(b) states that no commercial vehicle shall weigh more than 80,000 pounds, and if violated, it is a Class C misdemeanor. Additionally, trucks can only be up to 13 feet, 6 inches tall, and no broader than 8 feet wide.
The issuing of commercial driver’s licenses is likewise governed by Tennessee law. Tennessee Code 55-50-403 mandates that employers make sure every worker has a valid driver’s license. Additionally, truck drivers must show a current medical card certifying their fitness to operate a tractor-trailer.
In addition to Tennessee law, federal regulations that restrict the number of hours a trucker can drive and demand the keeping of specific documents also govern interstate trucking.
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Contact the Truck Accident Attorneys at Gatti, Keltner, Bienvenu & Montesi
We handle wrongful death and injury claims involving truck accidents on a contingency basis. Our Memphis truck accident attorneys do not charge any fees until we are successful in obtaining a verdict or settlement on your behalf. Contact our truck accident attorneys today by phone or online.