Who is Liable for the Most Common Causes of Truck Accidents?
Of all the different motor vehicle crashes on the road, truck accidents are the most devastating. A collision involving a tractor-trailer will result in severe injuries, fatalities, and extensive property damage. Truck accidents differ from car crashes because there are multiple factors involved including truck driver error, cargo issues, vehicle malfunctions, and regulatory violations.
It is not always easy to determine what caused a truck accident, but determining what happened is critical. This is the only way to determine who is liable for the crash and resulting injuries. Below, our San Antonio 18-wheeler accident lawyer explains the most common causes of these crashes, and who is typically liable for them.
Truck Driver Fatigue
Truck drivers are under immense pressure to deliver their cargo on tight deadlines and so, they are on the road for long periods of time. While the Federal Motor Carrier Safety Administration (FMCSA) has implemented hours of service regulations, many truckers continue to exceed their allotted driving time, increasing the risk of crashes due to fatigued drivers.
The following parties can be held liable for accidents caused by fatigued truck drivers:
- Truck drivers if they violate the hours of service rule and cause a crash
- Trucking companies, if they provide incentives to drivers for violating the hours of service rule
- Fleet managers and dispatchers, if they implement unreasonable deadlines that force truck drivers to remain on the road longer
Speeding and Reckless Driving
Large transport-trucks require greater stopping distances than other types of vehicles. Speeding not only causes accidents but it also increases the severity of them. Speeding is one type of reckless driving involving commercial trucks, but there are others as well. Weaving in and out of lanes, failing to yield, and tailgating are a few examples of reckless driving.
The parties that are most likely liable for a truck accident caused by speeding include:
- Truckers, if they speed or drive in a reckless manner
- Trucking companies, if they encourage drivers to speed to meet deadlines
- Cargo loaders, if cargo was not secured properly and shifted, causing the driver to lose control of the vehicle
Improperly Loaded Cargo
When cargo is not loaded onto a truck properly, it can shift during transport and cause the driver to lose control of the vehicle and cause an accident. Liability in these instances usually lies with the following:
- Cargo loading companies, if they failed to follow weight distribution guidelines
- Truck drivers, if they failed to check that cargo was secured properly
- Trucking companies if they overload trucks to deliver more cargo
Defective Truck Equipment
Defective brakes, tires, steering systems, and transmissions are all parts of truck equipment that are commonly defective. The following parties can be held liable for defective truck equipment:
- Truck manufacturers, if they created a defective part
- Maintenance providers, if they did not properly inspect or repair the truck
- Trucking companies, if they neglected proper truck maintenance
Our 18-Wheeler Accident Lawyer in San Antonio Can Determine the Cause of Your Crash
At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can conduct an investigation to determine the cause of your crash and who is liable for it. Call us now at 210-LAW-9999 or contact us online to schedule a consultation and to learn more about how we can help with your case.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
