Who Is Liable in a Truck Accident
Who Is Liable in a Truck Accident?
If you were in a serious trucking accident, understanding liability is important if you’re seeking justice and compensation. From independent truck drivers, drivers’ employers, manufacturers, and loading companies, the chain of responsibility can be pretty extensive.
Each party plays a role in maintaining the safety of the trucks that travel these roads, not just the truck driver. Failure at any point in this chain could potentially lead to disastrous consequences for everyone involved.
If you’re thinking of filing a claim, it’s wise to review state and federal regulations governing the trucking industry. It’s not always the person who was at the wheel at the time of the accident. Post-crash, people need evidence of what actions (or inactions) led to the incident.
Establishing liability helps ensure victims aren’t left to bear the financial burden of recovery. It also sets the stage for a discussion on the various entities that can be held accountable in the wake of a trucking accident in the state of Pennsylvania. Experienced attorneys like ours at Cohen, Feeley, Altemose & Rambo can help guide you in your quest for justice.
Liability in a Pennsylvania Truck Accident
Truck Drivers and the Role of Operator Negligence
Independent truck drivers, who often own and operate their trucks, have tremendous individual responsibility. Professional drivers stay on top of a vehicle’s general upkeep, operational discipline, and legal compliance. Neglect in these areas could constitute operator negligence, posing a substantial threat to public safety on the roads.
Operator negligence encompasses a range of failures, from inadequate vehicle maintenance to violations of mandated operational practices. Drivers are responsible for details like mechanical integrity, obeying traffic laws, and following regulated working hours.
Trucking hours of service regulations are designed to limit driving hours and mandate rest periods. These guidelines play a big role in preventing driver fatigue and maintaining safety on the highways. A truck in poor condition or a tired driver could be hazardous and possibly lead to catastrophic mechanical failures while in transit.
Trucking Companies and Third-Party Liability
Let’s look beyond the driver’s seat now:
Trucking companies are key players in maintaining road safety and can also be held accountable for accidents under the state’s vicarious liability laws. This means if a truck driver, acting within their job duties, causes an incident, the company operating the trucks could also be held liable. This liability extends to the company’s actions, such as negligent hiring practices, providing inadequate training, or failing to enforce safety regulations.
To prevent problems on the road, trucking companies must carefully vet potential drivers, checking they have clean driving records and the necessary qualifications. Companies are also responsible for offering extensive training to their drivers (covering safe driving practices and vehicle operation) to equip them with the skills needed for safe road navigation.
Enforcing safety standards is another obligation for trucking companies. They should be responsible to both their drivers and the public to enforce strict safety protocols. An Allentown trucking accident lawyer and other legal professionals have a strong grasp of trucking regulations and how violations can affect case outcomes.
The Impact of Vehicle Defects: Product Liability
When trucks are involved in accidents due to manufacturing defects, design flaws, or maintenance shortcomings, the consequences can be severe. If a truck’s defect plays a role in an incident, the manufacturer may be held responsible. From defective brake systems and tire failures to flaws in the engine or structural integrity of the vehicle, these defects can endanger the lives of truck drivers and pose a significant risk to all road users.
Mechanics, tasked with maintaining and repairing these vehicles, also bear some responsibility for the truck’s overall health. Poor maintenance can lead to mechanical failures on the road, further contributing to accidents.
Mechanics must adhere to the highest standards of service and help ensure that all truck components are in optimal working condition. When they fail to meet these standards, they too could be held liable for the resulting consequences. Identifying potential parties can be a lot of work; reaching out to a Bethlehem trucking accident lawyer near you is a great start.
Loading Companies and Liability
An unbalanced or shifting load compromises the vehicle’s stability and maneuverability, dramatically increasing the likelihood of accidents, especially rollovers. These risks are particularly prevalent on curves or when the truck makes sudden maneuvers to avoid road hazards.
Pennsylvania law acknowledges the role that proper loading plays in road safety. Truck packers who neglect their duties and contribute to accidents through improper loading can be held legally responsible. Cargo should be loaded evenly and securely and not exceed the truck’s weight limits. Such rules aren’t merely recommendations but are requirements that can save lives.
Gathering Critical Evidence for Truck Accident Liability
After a truck accident, establishing liability helps secure justice and compensation. The process involves collecting a range of evidence that may shed light on the circumstances leading up to the accident.
A few pieces of evidence include the truck driver’s:
- Logbooks, which can reveal any service time violations
- Maintenance records, highlighting the vehicle’s upkeep history
- The electronic data recorder (EDR), or “black box,” can provide crucial information about the truck’s speed, brake usage, and other vital information.
Scene photographs or videos, witness statements, and police reports also play major roles in reconstructing the events and determining fault. Together, these elements form the foundation of a strong legal case, helping to pinpoint the responsible parties and ensure victims receive the compensation they deserve.
How Can a Pennsylvania Truck Accident Lawyer Help?
Navigating the legal landscape after a truck accident can be emotionally taxing for victims and their families. People are usually scared, vulnerable, and overwhelmed with decisions and opinions. This is where the expertise of a seasoned law firm, such as those at Cohen, Feeley, Altemose & Rambo, can become necessary. These attorneys specialize in truck accident cases and bring years of knowledge that can significantly impact the outcome of a case.
First, a trucking attorney (like a trucking accident lawyer in Easton) understands the complex regulations governing the industry, at state and federal levels. They can dissect the nuances of your case against the backdrop of these regulations to establish liability accurately.
Identifying violations that may have contributed, such as service hour breaches or maintenance lapses, can strengthen your claim for overall compensation. These legal professionals also excel at collecting and analyzing the critical evidence needed to support cases and work with reconstruction experts to build a compelling narrative of how and why the accident occurred.
Negotiating with insurance companies is another area where trucking law firms have proved indispensable. Insurance firms often aim to minimize payouts, but an experienced lawyer can advocate on your behalf for fair compensation. They understand the tactics insurance companies use and are prepared to counter them. Should your case go to trial, a trucking lawyer can represent you in court, presenting your case with the aim of securing the best possible outcome.
Who Is Liable in a Truck Accident — and Who Can Help
Choosing Cohen, Feeley, Altemose & Rambo to represent you in a truck accident case means you’re backed by a team of highly experienced and dedicated legal professionals. Our firm stands out for its deep commitment to our clients, offering personalized attention and an aggressive pursuit of the compensation they rightfully deserve. With decades of combined experience, specifically in truck accident litigation in Pennsylvania, our attorneys possess a comprehensive understanding of the complexities involved in these cases.
Attorney of the firm, Michael McKarski, says, “We believe in fighting tirelessly for the rights of victims, leveraging our extensive legal expertise and resources to challenge large trucking corporations and insurance companies.” Our approach is rooted in a profound respect for our clients and a relentless drive to achieve justice on their behalf. We handle every aspect of the legal process, from evidence collection and negotiation to courtroom representation. We want our clients to focus on their recovery without the burden of legal stress.
If you or a loved one were involved in a truck accident in Pennsylvania, don’t hesitate to reach out to Cohen, Feeley, Altemose & Rambo for top-tier legal representation. Contact us today at (610) 625-2100 for a free consultation.
Sources:
Summary of Hours of Service Regulations | FMCSA
Trucker’s Handbook | Pennsylvania Department of Transportation