Who May Be Held Liable for a Commercial Truck Accident?
By Matthew Willens
Jun. 18, 2015 9:24a
Although large trucks account for less than 5 percent of motor vehicles on the road, accidents involving these vehicles often results in catastrophic injuries and even death.
The difference in the size of a commercial truck and an average passenger vehicle and the high speeds at which they travel are responsible for causing catastrophic injuries and even death. The victims are often the driver and/or passengers of the passenger vehicle. Truck accident lawsuits are often complicated and require special handling because they usually involve multiple parties that may be liable. State and federal laws have set standards of safety and there are unique aspects involved that do not apply to passenger vehicle accidents. It is important to seek the advice from an experienced
personal injury attorney.
Truck Accidents Often Involve Multiple Parties
If you have been injured in an accident caused by a commercial truck, you should be aware of other parties besides the driver who may be liable. A typical commercial trucking business involves multiple parties such as the company that owns the truck, the driver, the driver’s employer, and the company responsible for hauling the goods. In case of an accident, any of these parties can be held liable depending on the specific circumstances surrounding the case.
Federal and State Laws That Apply to Commercial Trucks
Both federal and state safety laws apply to commercial trucking. Everything from vehicle inspections to driver licensing is controlled by regulations that are administered by agencies such as the Federal Motor Carrier Safety Administration, Illinois State Department of Transportation, and the U.S. Department of Transportation.
To establish the full scope of liability in a truck accident, you may have to investigate compliance with all the federal and state laws. If you find that the trucking company failed to comply with any of these laws, it will strengthen your
personal injury case.
Truck Companies Avoiding Liability
Truck companies may try to avoid liability for truck accidents by requiring their drivers to own their trucks as independent operators. However, the federal government has banned this kind of defense by establishing the liability of the trucking companies for every aspect of the trucking operation regardless of whether the driver is independent or not.
Every commercial truck that is involved in an accident must be inspected by a certified truck inspector before it is removed from the accident site. Each truck is generally equipped with a computer that records every piece of important information about the truck activity such as speed at any point, the number of time the driver used the brakes, and the rest stops taken by the driver. All this information is essential when pursuing a personal injury claim.
The information must be requested from the appropriate authorities.
Chicago Truck Accident Lawyer
Our Chicago truck accident lawyer will investigate all aspects of the case, collect relevant information, and help you recover damages from all parties that may be responsible for the accident. Call
Willens Law Offices at
(312) 957-4166 for a free case evaluation.
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