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Who Is Liable for a Commercial Truck Accident?

Commercial trucking accidents account for thousands of injuries every year in the U.S. In order to file a claim and pursue compensation, a thorough investigation is necessary to determine who caused the crash. Our firm has handle numerous truck accident cases, and will guide you through the process as you seek justice from those responsible.

Liability for a commercial trucking accident may fall on several parties, including:

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

Understanding FMCSA Regulations

The trucking company is responsible to abide by regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). They must use strict hiring practices, and limit the amount of time drivers are on the road. Truck drivers are required to take regular rest breaks, and to only drive a certain number of hours each week. If a trucking company pushes drivers to drive longer than the time limit to meet shipping deadlines, or does not properly screen drivers to ensure they are qualified, the trucking company may be held liable in a commercial truck accident.

Furthermore, truck drivers are responsible to comply with state and federal traffic laws, and to drive in a safe and professional manner. Driver error is responsible for numerous truck accidents each year. You may be able to file a claim against the trucker for negligence or recklessness.

Truck drivers may be liable if they:

  • Go faster than the speed limit
  • Make unsafe lane changes
  • Fail to use their turn signals
  • Drive while drunk, distracted, or drowsy
  • Fail to maintain lane

Furthermore, under the laws set forth by the FMCSA, truckers must inspect their vehicles before starting on the road. This is necessary to ensure all the components are in proper working condition.

The Manufacturer, Cargo Loader, and Maintenance Company May Also Be Liable

Defective or dangerously designed parts may cause a truck accident. In these situations, the manufacturer may be held liable. Furthermore, unbalanced or overloaded cargo could cause the truck wreck. Cargo loading companies must abide by safe and proper loading practices.

Sometimes, larger trucking companies will hire independent, third-party maintenance crews to perform regular maintenance on the vehicles. This helps ensure the trucks are in good condition and are ready for long trips. However, if the maintenance crew fails to identify and fix a hazardous situation, such as worn tire treads or low transmission fluid, they may be held liable for an accident.

Call Our Truck Accident Lawyers in Corpus Christi Today - (877) 631-9965

With more than 100 years of combined legal experience, Sico Hoelscher Harris & Braugh LLP diligently represents clients who have been injured by someone else’s negligence. We will discuss your options for pursuing compensation, and help you file the paperwork in a timely manner. From start to finish, our Corpus Christi truck accident attorneys will guide you through the legal process as you seek justice.

Contact us today to schedule a free initial consultation.