How Trucking Companies And Drivers Are Held Accountable For Accidents
Truck accidents can be devastating, leaving victims with debilitating physical, emotional, and financial damages. If you have been involved in a Louisiana truck accident, you may be wondering how to hold negligent trucking companies and drivers accountable for their actions. At Louisiana Law Lady, Lauren can help with that. Book your free case review at 504 (470) 3511 to discuss your next steps today.
Why Is Liability in Trucking Accidents So Complex?
Liability in trucking accidents is more complicated than regular passenger vehicle collisions. When determining liability, every potential contributing factor has to be considered. Was the driver abiding by the rules of the road at the time of the accident? Did the trucking company ensure that the vehicle was safe to operate? Is it possible that a maintenance worker ignored a mechanical issue? The answers to each of these questions will help reveal who is to be held liable.
The Balance of State & Federal Regulations
Regulations for the passenger vehicles that we drive are left to individual states. The commercial trucking industry, on the other hand, is governed by a unique blend of federal and state laws, which adds layers of legal complexity.
When a truck driver violates the stringent federal regulations put in place by the Federal Motor Carrier Safety Administration, the violation can be used to establish fault. For instance, if a driver violates hours of service regulations and causes an accident due to falling asleep at the wheel, this can play a key role in the investigation of the accident and how liability is determined.
The Involvement of Multiple Liable Parties
Trucking accidents often involve multiple liable parties, which can be particularly challenging, especially when parties try to shift the blame to others. Liability can extend to more than just the truck driver. The trucking company, cargo loaders, maintenance workers, shippers, and even manufacturers may be held responsible for their role in the crash.
When a Driver May Be Liable
Truck drivers are on the front lines of accident liability, especially if their actions directly caused the collision. More specifically, a driver may be held liable if they exercised any of the following behaviors:
- Negligence due to distracting driving, speeding, or violating the rules of the road.
- Fatigue. Driver fatigue is a leading cause of trucking accidents, and studies have reported that fatigue was involved in 13% of all serious crashes.
- Driving Under the Influence of drugs or alcohol.
- Poor training. If a driver is not properly taught how to operate a truck, their inexperience can cause accidents.
Although these behaviors point directly to the driver, their employer may also share liability, especially if they encouraged or failed to address unsafe behavior.
When a Trucking Company May Be Liable
Trucking companies are responsible for ensuring that their drivers and fleet are safe and in compliance with all state and federal regulations. When it fails to exercise proper care, a trucking company may be held liable for accidents, particularly if it does any of the following:
- Facilitates unsafe driving by pressuring drivers to meet unrealistic delivery schedules.
- Violates state and federal law, including weight limits and hours of service regulations.
- Fails to properly maintain its fleet, which can cause mechanical failures that lead to accidents.
- Engages in negligent hiring practices. Hiring individuals with improper licensing or a poor driving record can directly cause accidents.
When filing a personal injury claim after an accident, it is critical to investigate the role that a trucking company played in the incident. This is where trucking accident attorneys become important. At LA Law Lady, Lauren carefully evaluates the actions of the trucking company to determine if the company can be held liable for its involvement in the accident.
Other Parties Who May Be Liable
Aside from the driver and trucking company, other parties may be held liable for their involvement in the accident, including:
- Cargo loaders who improperly loaded the trailer, causing the truck to become unbalanced. This could extend to the shipper of the load.
- Maintenance workers who ignore mechanical issues or do not follow proper safety protocol.
- Manufacturers who sold defective parts, like brakes or tires.
Brokers who selected an unsafe carrier to transport a load.Contact a Seasoned Louisiana Trucking Accident Lawyer at Louisiana Law Lady
At LA Law Lady, our attorney understands the complexities involved in Louisiana trucking accidents and the substantial role that negligent trucking companies can play in these incidents. Whether it is due to poorly maintained vehicles, pressure on drivers to break safety regulations, or negligent hiring practices, Lauren is dedicated to advocating for your rights and ensuring that those responsible are held accountable. Consider scheduling a free consultation with Lauren today at (504) 470-3511 to learn how Lauren can help.