How is Liability Distributed in the Event You Suffered Injuries in an Accident with a Commercial Freight Truck in the US?
Being involved in an accident is never easy, and depending on what happened and who was involved. According to Mr. Joel Levine, of Levine & Wiss, the top injury lawyer Bushwick has in practice, even worse is when that accident is with a commercial freight truck. Now that can be a harrowing experience, often resulting in serious injuries and significant damages. Determining liability in such cases is a complex process, and understanding how responsibility is distributed is crucial for seeking compensation. With help from the best truck accident lawyer Bushwick has to offer, Mr. Joel Levine, here is a comprehensive guide on how liability is distributed in the event you suffered injuries in an accident with a commercial freight truck in the US.
Driver Negligence
One of the primary factors in determining liability is driver negligence. If the truck driver is found to be negligent, engaging in reckless behavior such as speeding, distracted driving, or violating traffic laws, they may be held responsible for the accident. The fact is the driver is always liable.
Employer Liability
The trucking company employing the driver can also be held liable. If the accident occurred while the driver was performing work-related duties, the employer may share responsibility for the damages.
Vehicle Maintenance and Defects
Liability can be attributed to the trucking company or manufacturer if the accident resulted from inadequate vehicle maintenance or defects. Poorly maintained brakes, faulty tires, or other mechanical failures may shift responsibility to those responsible for the truck’s upkeep.
Loading and Cargo Issues
If the accident was caused by improper loading of cargo securement, the responsibility may lie with the party responsible for these aspects. Overloaded or unsecured cargo can lead to accidents, making the shipper or loading company liable.
Third-Party Liability
Liability might extend to third parties involved in the trucking operation, such as maintenance contractors, leasing companies, or entities responsible for truck inspections. Determining these connections is crucial for accurately assigning responsibility.
Government Entities
In some cases, if the accident was caused by poor road conditions, inadequate signage, or other factors related to road maintenance, liability may extend to government entities responsible for roadway safety. According to Mr. Levine, the best slip and fall lawyer Bushwick has in practice, this often happens in pedestrian slip and fall claims as well – because the city or state is responsible for keeping the ground clear and safe.
Understanding how liability is distributed in accidents involving any type of commercial entities is important for victims and their attorneys so they understand where to direct the suit. For more information on such accident claims, be sure to consult with Levine & Wiss today.
