Who Can Be Held Liable In A Truck Accident Case?
Determining liability in a truck accident case is not as straightforward as it might first seem. Unlike a simple traffic accident, more players are involved including the driver, the owner of the truck, the entity that leased the truck from the owner and possibly others.
Who Regulates Trucking Accidents?
State and federal laws regulate truck accidents. In addition to each individual state’s department of transportation, the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration determine and enforce trucking laws and regulations.
Several federal regulations exist to aide in determining liability. Any company that owns a trucking permit is responsible for all accidents involving a truck that has its name displayed on the vehicle. Prior to this regulation, trucking companies would attempt to avoid liability by pinning it on the driver or other parties.
Additional federal and state laws mandate proper rest for the driver, maximum weight permissions, quality control of trucks and safely transporting hazardous waste. If these laws are broken, it can prove negligence, therefore determining liability.
Determining Liability in a Truck Accident
To win a truck accident case, you need to prove that the driver, truck company or others were at fault and are responsible for your injuries. To prove fault, you’ll need to prove one of the entities involved broke the law, causing the accident and showing negligence – for example, that the truck driver ran a red light, or that the truck company hired an unqualified driver.
Because commercial vehicle accidents can be quite complicated, you should consult an experienced Arkansas truck accident attorney to determine what legal route should be taken and what parties are at fault.