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Who is Liable for a Truck Accident?

Posted By The Barrera Law Firm, PLLC | 31-Mar-2017

Accidents involving trucks and commercial vehicles are known for their overwhelming potential for devastating consequences. Due to the sheer size and weight of tractor-trailers, truck accidents frequently result in injuries. In many cases, these injuries are catastrophic and can upend the lives of victims and families. In the most tragic situations, these injuries often prove fatal.

At The Barrera Law Firm, PLLC, our Virginia personal injury lawyers know that truck accident cases put a lot on the line. When victims suffer serious injuries, the need for medical care and financial support are elevated, which is why it becomes crucial for victims and families to work with experienced attorneys who have the tools, resources, and drive needed to handle the complexities of a truck accident case.

When representing victims of truck accidents, our team leverages decades of experience, connections with experts, and an unwavering commitment to clients to fight for the compensation they deserve. Because every accident is unique, the party from whom we seek compensation may vary depending on the individual facts and circumstances of a case.

Depending on what took place in your trucking accident, there may be several parties who can be held at fault and liable for your damages, including your medical bills, lost work earnings, and pain and suffering, among other damages. These parties include:

  • Truck Driver – Many trucking accidents result from driver error and negligence, which is why truck drivers must comply with numerous safety regulations designed to reduce crash risks on our public roads and highways. Some of these regulations include Hours of Service rules that prevent a driver from being behind the wheel for too long, strict drug and alcohol policies, mandatory rest breaks, and more. As with any driver, truckers must also abide by the law and follow the rules of the road. When they fail in any way, they can be held accountable for their negligence, and they – or more likely their employer – can be held liable for victims’ damages.
  • Trucking Company – A trucking company is ultimately liable for the conduct of its drivers, which means that when drivers make errors or commit acts of negligence, a trucking company can be held liable. This is especially true when trucking operators negligently hire drivers with poor records, retain drivers who have poor records, or fail to adequately manage, test, or train their drivers. Trucking companies must also comply with a number of regulations to ensure public safety. These include regular vehicle maintenance, use of proper materials and cargo securement devices, repairing potential hazards, and more. Trucking companies that violate regulations or otherwise fail in their duty to take reasonable measures in protecting the public’s safety can be held liable when their failures result in preventable accidents and injuries.
  • Product Manufacturer – In some cases, trucking accidents may be caused by a defective product or auto part that malfunctions or fails and causes an accident. By law, product manufacturers must ensure that their products are safe for their intended use, and they too can be held liable when defectively designed, manufacture red, or even marketed products cause harm. A commercial truck fitted with defective tires or breaks presents a monstrous hazard to public safety.
  • Shipper – Some commercial trucks may be loaded by third-party companies. These companies may handle the logistics of shipping and are responsible for loading cargo onto a truck. Because improperly loaded cargo can present a number of dangerous, including in-transit shifting that throws trucks off balance or falling cargo that creates roadways hazards, there are many cargo securement regulations that must be followed. These regulations cover everything from how much cargo can be stored on a truck, where the cargo should be placed, and what tools and devices must be used to secure the cargo. If a shipping company or party that loads cargo does so negligently and accidents and injuries result, they can be held liable for damages.

Regardless of who can be held at fault in your trucking accident, you can be confident about choosing to work with our talented team of attorneys at The Barrera Law Firm, PLLC. Over the years, we have gained substantial experience handling challenging commercial vehicle accident cases, and we know how to help our clients – many of whom are average, hard-working men and women – level the playing field with large trucking and insurance companies that want to skirt liability and pay as little as possible.

By working with our team, you gain the support of proven advocates who are not afraid to battle big business. We invite you to learn more about your rights and whether you may have a potential case by contacting us for a FREE consultation.

Tell Us About Your Injury

It is crucial that you contact an experienced personal injury attorney as soon as possible.

Send Your Information

Why Choose The Barrera Law Firm?

  • We have over 30 years of personal injury and immigration experience.

  • You will be included on every step throughout the entirety of your case.

  • Fluent in English & Spanish to ensure your voice is heard no matter the language.

  • Our client-centered approach has proven to create a strategy optimized for your needs.