Experiencing a truck accident can be a harrowing ordeal. Immediate actions following a collision involving a semi-truck, bus, tow-truck, tractor-trailer, dump truck, or another commercial vehicle are crucial. Prioritizing comprehensive medical care for any injuries sustained and initiating legal proceedings against the trucking company and insurers is essential.
In the aftermath, many rely on instinct, but navigating the complexities of a trucking accident requires a nuanced understanding beyond common assumptions. Ensuring that your interests are protected remains paramount.
Who Is Responsible For A Trucking Accident?
Truck Driver’s Responsibility
If a truck driver is performing job duties during an accident, financial liability typically rests with the trucking company under vicarious liability. However, the driver may bear responsibility in certain cases:
- If the driver is an independent contractor.
- If the driver owns the truck.
Trucking Company’s Responsibility
Trucking companies must comply with state and federal regulations governing vehicle maintenance, hiring practices, training, and operation. They may be held responsible for a truck accident due to:
- Inadequate maintenance of trucks.
- Violation of Hours of Service regulations leading to driver fatigue.
- Negligent hiring practices.
- Cargo-related issues such as improper loading.
Damages You Can Pursue
If you’ve been injured in a truck accident, you may seek compensation for:
- Past and future medical expenses
- Lost income and benefits
- Decreased earning capacity
- Property damage
- Emotional distress
- Pain and suffering
Families who have lost loved ones due to a truck accident may pursue wrongful death awards.
