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How is liability established in a truck accident?

On Behalf of | Sep 8, 2022 | Personal Injury |

Truck accidents are devastating events that can leave Indiana residents seriously injured. When filing a personal injury claim after such an accident, it might be challenging to establish liability.

Why establishing liability could be difficult

When a trucking accident occurs, there might be more than one party that could be held liable. It depends on the circumstances surrounding the accident and on the situation involving the truck. For example, some trucking companies own their own trucks and employ drivers. Sometimes, a truck driver might be an independent contractor who rents a truck to perform their job.

To know which party is responsible, it’s necessary to establish a link between the truck and the various parties that might be involved with it. Sometimes, an investigation is needed to do that.

Parties that could potentially be liable

One or more parties might be liable for a truck accident. Often, the truck driver is the responsible party. If the accident occurred as a direct result of driver error–distracted driving, driving under the influence (DUI) of alcohol or drugs or drowsy driving–the truck driver can be liable for the accident.

In some cases, both the truck driver and the trucking company might share liability. For example, if the company hired the driver but failed to properly train them to safely operate a truck, both parties could be named in a personal injury lawsuit. In this situation, an investigation is crucial to determine what led to the accident.

The owner of the truck could be liable if it’s not owned by a company. That person would be responsible for properly maintaining the truck and ensuring that it’s safe to travel on the roads among other vehicles. If the owner is found to be negligent, they could be liable.

Truck accidents can be life-changing, but you can get some relief knowing who should be held liable.