Both the truck driver and the trucking company may hold responsibility for a truck crash. In some situations, liability can even extend beyond these parties, landing on motorists or other involved parties.
In order to determine who’s responsible for a crash, a Tampa truck accident lawyer will need to carefully investigate what happened and gather evidence after a claim.
Once an attorney identifies the liable parties, they can track an injury victim’s losses and take legal action to secure compensation on behalf of a client.
Who’s Responsible for a Truck Accident: The Company or the Driver?
Either a trucking company or a truck operator could be responsible for a commercial vehicle collision. Liability varies on a case-by-case basis, and a Tampa personal injury lawyer will need to investigate what happened to determine who needs to cover the losses caused by a crash.
A lawyer may build a claim against the trucking company if the accident involved an employee of the company. The company may also have to pay for crashes caused by negligent hiring practices, faulty maintenance, or improperly loaded cargo.
A truck driver, on the other hand, may have to pay for any crashes caused by negligent behavior if the driver works as a contractor or is self-employed. In these cases, a trucker may be responsible if they cause a collision by:
- Driving under the influence
- Driving while fatigued
- Distracted driving
- Failure to check blind spots
- Tailgating or driving over the speed limit
An attorney will need to carefully review what happened leading up to the crash to determine who is responsible for a truck accident, the driver or the company.
Other Parties Can Cause Trucking Accidents
Sometimes, responsibility for a truck accident falls on someone other than the trucking company or the trucker. For example, an attorney may focus on building a claim against:
Another Motorist
Sometimes, drivers engage in dangerous behavior around commercial trucks and end up causing accidents. For example, a motorist could cut off an 18-wheeler and end up causing a collision. In this situation, an attorney may build a claim against the motorist whose dangerous actions caused the crash.
A Truck Manufacturer
Sometimes manufacturers put defective trucks on the road. If a product defect causes a collision, an attorney may need to take action against the manufacturer, instead of the trucker or the truck company.
More Than One Party Can Cause a Collision
Sometimes, multiple parties hold responsibility for a single collision. For example, a trucker could change lanes without using a turn signal right into the path of a vehicle traveling well over the speed limit, resulting in a crash that involves other motorists. In this situation, both the trucker and the other motorist might be responsible for the crash.
A lawyer will need to carefully assess the situation to identify all potentially liable parties.
How Do Lawyers Determine Liability for a Truck Accident
Attorneys need to investigate everything that happened in a collision to determine who is responsible. A legal investigation may require a lawyer to:
- Take statements from all eyewitnesses
- Get a copy of the accident report from the police
- Request information from the truck’s black box data recorder
- Visit businesses close to the crash and request surveillance footage
Attorneys need to work quickly after a crash to have the best chances of gathering all relevant evidence.
Why Does it Matter Who’s Responsible for a Truck Accident?
Responsibility matters in truck crash claims because the at-fault party generally has to cover all the losses of anyone injured in the collision.
For example, the responsible party may need to pay for an injury victim’s:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
- Property repairs
An attorney will need to collect evidence to establish the extent of the economic and non-economic damages experienced by an accident victim when building a claim against the responsible party.
Talk to Us After a Truck Accident in Florida
So, who’s responsible for a truck accident: the driver or the company? Either party can hold responsibility for a crash. In some cases, liability even falls on other parties, making these claims complicated and challenging to resolve without help from a professional truck accident attorney.
Fortunately, you can get professional help building a claim today from our team at Brooks Law Group. We understand what you’re going through after a collision, and we have the experience necessary to investigate what happened, identify the at-fault party, and pursue them for maximum compensation on behalf of our clients.
We have over 100 years of combined experience, and we’ve brought our clients over $300 million in compensation. We’re ready to start reviewing your claim and helping you as you navigate the legal process.
You can count on us if you need to settle your claim out of court or if you need to file a lawsuit against the at-fault party.
