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Liability for a Commercial Truck Accident - What You Need to Know

Liability for a Commercial Truck Accident - What You Need to Know

Commercial truck wrecks are very severe. Because commercial trucks can weigh up to 80,000 pounds when fully loaded, collisions with passenger vehicles and motorcycles are often fatal. Nearly 4,000 people died in commercial trucking accidents in 2016 alone. Thousands more are injured each year in the U.S. Victims may suffer paralysis, traumatic brain injuries, lacerations, multiple fractures, burns, spinal cord injuries, and other catastrophic injuries.

In a truck accident, five parties may be held liable. These include:

  1. The trucking company
  2. The truck driver
  3. The truck manufacturer
  4. The cargo loading company
  5. The truck maintenance company

Trucking Companies Must Abide by FMCSA Guidelines

The Federal Motor Carrier Safety Administration (FMCSA) sets forth guidelines for trucking companies and truck drivers to follow. These regulations limit the number of hours a trucker can drive each week, and require truckers to take mandatory rest breaks to prevent drowsy driving accidents. Furthermore, under FMCSA guidelines, trucking companies must thoroughly screen their drivers. Truckers must also inspect their vehicles before each trip. Failure to abide by FMCSA regulations will result in liability.

The Manufacturer, Cargo Loader, and Maintenance Crew May Also Be Held Liable

If a defective or dangerously designed part caused the accident, you may file a personal injury claim against the manufacturer. In some cases, the trucking company may hire an independent maintenance crew to keep the trucks functioning properly. However, if the maintenance crew negligently failed to identify and fix a major issue, such as worn brakes, it may be held responsible for your injuries.

Cargo loading companies must practice safe and accurate loading procedures to prevent a crash. If your accident was caused by imbalanced or overloaded cargo, you may be able to file a claim against the company responsible for loading the cargo. An investigation will be necessary to determine the cause of the crash and who is liable.

Pursue Justice from Negligent Parties – Call (386) 333-6613 Today

Politis & Matovina, P.A. is passionate about helping clients seek justice from negligent or reckless parties. Our Daytona Beach truck accident attorneys have decades of legal experience. We will investigate the crash, gather evidence, and fight on your behalf as you seek a favorable settlement.

Contact our office today. We offer free case evaluations to all prospective clients.