Commercial truck accidents differ from those involving only passenger vehicles, partly because the trucker involved in an accident is usually employed by the trucking company. The trucking company, also known as the carrier, may be legally responsible for the actions of its truckers, and for the safety standards of the trucks they own.
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A truck accident may involve more than just the truck driver or carrier. These parties may include:- The truck manufacturer and its parts.
- Vendors who provide services to the carrier.
- Owner of the cargo
- Local government or contractors who are responsible for highway maintenance or design.
How to gather evidence after a truck accident in order to determine liability
After a truck crash, there are many data points that need to be reviewed in order to establish what happened and determine who is legally liable. The data collected includes the evidence from the accident scene, police reports, examining the truck, other vehicles involved in the accident, as well as downloading the data from the “black box” of the wrecked vehicle. Accident reconstruction specialists are sometimes consulted to perform a forensic investigation and interpret the accident. You should also obtain the trucker’s logs (which by law must include his/her time at rest and behind the wheel), other records of trucking companies, as well as statements from witnesses as well as certain trucking employees. In most cases, it takes a court order to force a trucker to release records or the wrecked vehicle for inspection.Parties that can be held liable after a truck accident
In most truck accidents, it is important to conduct a thorough investigation in order to find out what happened and why. The evidence could indicate that one party or more should be held responsible for the accident. They may be grouped together or individually in different combinations.- Truck driver. Truck driver. It is possible that criminal charges are pending, and eventually conviction. The truck driver must also inspect the rig for proper maintenance and loading. A truck driver may be held responsible for a truck crash if a cargo or maintenance issue contributed to the accident.
- Carrier. Trucking companies are responsible for their trucks and drivers. It also includes hiring and training policies, which can be problematic if the company hires drivers with driving infractions or FMCSA rules on their record or if company records don’t indicate proper training. Sometimes, records of a carrier or interviews with employees indicate that they are pushing their employees to cut corners in FMCSA hour limits (HOS), truck maintenance and inspections requirements or other areas.
- Cargo loader and shipper. Some carriers are contractors who ship cargo on behalf of other companies. Some carriers transport cargo that has been sealed throughout the entire time they are handling it. In such an arrangement, the parties involved – the originator of cargo, shipper and loader, and transporter – are all responsible for federal and state laws and regulations, and may be held accountable if they were negligent. In the event that a cargo shift, or any other cargo-related problem, has led to a truck crash, it is necessary to examine and subpoena the records of all parties involved in the cargo. This includes the carrier.
- Other vendors. Outsourced work may be done by many different vendors, depending on the size and scope of an operator’s operation. It could be administrative tasks, like recruiting drivers, conducting background checks, and administering alcohol and drug tests. Or it could be truck maintenance, repairs, and dispatching, or other parts of fleet operations. Brokers are used by some companies to locate cargo for their trucks. Third-party vendors may be held responsible if they are negligent and cause a truck crash.
- Manufacturers of truck parts and manufacturers of truck components. Trucks and their parts can fail, causing some truck accidents. Examples include tire blowouts, brake failures, or issues with steering or coupling systems. It could be an issue with maintenance, but if it was a defect from the beginning, the manufacturer and distributor may be held responsible.
- Contractors and government agencies. The local or state government may be held responsible if a road hazard such as a broken pavement or soft shoulder contributes to an accident involving a truck, such as one that results in a rollover. If a government-hired maintenance contractor is negligent and causes a problem, or creates a work zone that contributes to a crash, they could also be held responsible.
What if multiple parties are responsible for the truck accident?
Multiple claims may be possible for victims if an investigation reveals that multiple parties are responsible for a truck crash. A carrier may offer a quick settlement that appears generous, but is actually a result of its legal and insurance teams working together to resolve any claims. Accepting a settlement before an independent and experienced team has thoroughly investigated a truck crash may mean that you are accepting far less than what you deserve, and you’ve unknowingly signed away your rights to pursue more. Bonardi & Uzdavinis attorneys for truck accidents know how to conduct thorough investigations and build solid cases against negligent drivers, trucking firms, manufacturers, distributors, vendors, and other third-parties. Our truck accident attorneys work aggressively and diligently to maximize the compensation available for their clients.Call our experienced truck accident attorneys in Florida
Do not accept any settlements for your injuries or other losses after a trucking accident in Florida without first consulting a Florida truck accident attorney. Bonardi & Uzdavinis, in Tampa, has decades of experience in obtaining compensation for injured clients in commercial trucking accidents. Bonardi & Uzdavinis’ legal team has all the resources needed to investigate a trucking accident thoroughly and file a solid claim against any responsible parties. We recommend that you meet with us prior to signing any documents offered by insurance companies or lawyers for trucking companies. Call us at 813-540-2019, send an email to team@bufirm.com or fill out our online form today for a free evaluation of your case.Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
