If you have been involved in a serious truck accident, determining who was at fault could potentially be more complicated than doing the same after an accident involving two passenger vehicles. You must consider potential responsibility not just on the part of the truck driver, but also of the trucking company or owner of the rig.
In most situations, who or what is considered responsible for the crash depends on how the accident took place. The responsible parties could include:
- The truck driver
- The truck’s owner
- The company or person who leased the truck from the owner
- The manufacturer of the vehicle or any parts that contributed to the accident
- The truck’s shipping or loading company
Often, trucking, leasing and hauling companies will fight amongst themselves about who is responsible for the accident and who should compensate the victim. This can also add complexities to your case, as it can be difficult to get the responsible parties to cooperate.
Determining liability in a truck crash
Ultimately, your success comes down to knowing exactly whom to focus on in certain situations. For example, the driver of the truck is almost always going to be responsible in crashes involving drunk driving or malicious actions. These are considered acts of intent and are beyond the scope of actions that may be blamed on the driver’s employer or the owner of the truck.
The truck’s shipping or loading company may be responsible for any accidents that happen because a trailer was overloaded or unevenly loaded. An overloaded truck will have difficulty stopping, while a truck that is unevenly loaded is more prone to tipping over.
The truck’s manufacturer (or the part’s manufacturer) may be at fault if there are certain vehicle defects that caused the accident, such as a tire blowout or faulty brakes.
Because truck accident cases are usually more complex than other types of auto accident claims, it’s important to seek help from an attorney experienced in representing victims of truck crashes. If you have any questions on how to proceed after a serious accident in Tennessee, meet with a skilled Clarksville truck accident attorney at Bateman & Bateman, PC.