A big rig’s combined weight and potential speed make it more difficult for the driver to stop on short notice. The truck requires more time to react, and thus, it is exceptionally important for both the trucking company and the driver to take the utmost care in how they drive.
When the duty of care fails, severe accidents can occur. If you were injured as a result of this type of negligence, you may be entitled to financial compensation for your medical bills, injuries, pain and suffering, and other damages.
Unfortunately, it isn’t always easy to determine exactly who is at fault in crashes involving commercial vehicles.
The driver is liable when he or she does something specific that leads to the accident. This is typically the case when a truck driver is under the influence of drugs or alcohol, speeding, or otherwise distracted while driving. It can also include drivers who operate their rig while fatigued, as well as those who drive dangerous trucks by choice knowing that they haven’t been properly maintained.
The trucking company could potentially be liable in a situation where they hire an unlicensed driver or don’t require their drivers to take proper safety considerations. This includes requiring drivers to stay on the road longer than legal limits allow.
It’s rare for the loading crew to be held liable for a trucking accident, but it can happen. The loading crew must directly influence the cause of the wreck to be declared liable. The most common situations involve trucks that are overloaded past their weight capacity, resulting in a tire blowout that leads to a larger wreck. Cargo can also fall off the trailer and into the way of traffic when it isn’t properly restrained.
Sometimes a crash is caused by a defective truck part. This could indicate negligence on the part of the manufacturer if a design or manufacturing defect was to blame. However, sometimes a part fails due to the installing technician’s error.
As you can see, there can be a number of different entities at fault for an 18-wheeler crash; it all just depends on your particular accident. If you’ve been hurt in one of these accidents and aren’t sure who was at fault, call Denena Points, PC at 713-807-9500 or complete the form on our website to schedule a free consultation.