• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
1420 Kettner Blvd #100, San Diego, California 92101
  • About
  • Blog
  • Contact
  • Firm News
  • (858) 240-9993
  • Request Free Consultation
Lehr Law APC logo

Lehr Law, APC

San Diego Women's Law Attorney

  • Litigation
    • Civil
    • Business Disputes
    • Contract Law
    • Personal Guarantee Consultation
    • Construction Law
    • Commercial and Personal Insurance Disputes
    • Insurance Bad Faith
    • HOA Disputes
    • Debt Collection Law
    • Mechanic Liens
  • Personal Injury
    • Back / Neck Injury
    • Dangerous Conditions
    • Dog Bite
    • Head Injury
    • Slip And Fall
    • Elder Abuse
    • Spinal Cord Injuries
    • Other Serious Injuries
  • Auto Accident
    • Bicycle
    • Hit And Run
    • Motorcycle
    • Trucking
    • Uninsured Motorist
  • Employment Law
    • Sexual Harassment in the Workplace
    • Discrimination
    • Breach Of Contract
    • Wages And Hours
    • Wrongful Termination
  • Women’s Resource Center
    • Emotional Abuse and Trauma
    • Domestic Violence
    • Public Safety
  • About
  • Blog
  • Contact
  • Firm News
  • (858) 240-9993
  • Request Consultation

Who Is Liable In A Truck Accident?

January 16, 2023

Determining liability in a truck accident is essential for establishing which party must cover the expenses associated with property damage and bodily harm. Here is a look at how the party responsible for the damage in these accidents is determined so victims can acquire appropriate compensation.

The Potentially Responsible Parties In A Truck Accident

truck accident on free highwayTrucking accidents can involve several individuals, companies, or agencies depending on the type of trucker who was operating the vehicle at the time of the accident. For example, commercial trucks are sometimes driven by independent contractors, while other commercial truck drivers may have been hired through a company that transfers and ships items or equipment.

The type of driver is just one important consideration in determining who is ultimately responsible for the accident. In most truck accidents, several parties could be held liable.

Here is a brief overview of each one:

The Truck Driver

There are many reasons that a truck driver could be held fully liable for a vehicle accident. For example, they may have consumed drugs or alcohol prior to operating the vehicle. They might have broken the law or failed to follow proper traffic procedures, or they could have been distracted while driving.

In some cases, an operational issue in the truck may be behind the accident. In others, factors such as driving while drowsy or at night, driving for too many hours in a single trip without taking a break, or certain health conditions can contribute to an accident. In many of these cases, the truck driver will be the sole party held liable for injury or property damage.

The Trucking Company

accident of truckIn an accident involving a truck, the company that hired the trucker may be liable under certain circumstances. However, this can only be proven with the involvement of an experienced lawyer. Some of the issues that could lead to this type of liability include incomplete inspections or cutting corners related to safety.

In some cases, unrealistic expectations on the part of the trucking company may push a driver to drive in unsafe conditions in a desperate attempt to meet deadlines or quotas. Many times, investigations will reveal that both the trucking company and the vehicle’s manufacturer share liability in an accident. For example, an accident may be due to a combination of cutting corners to increase speed and faulty equipment.

The Truck’s Owner

In some cases, the trucking company that hires the driver may not own the truck they provide to them. In this case, the true owner of the vehicle could be liable in certain circumstances. For example, if they failed to properly inspect the truck, maintain the tires and the truck’s internal workings, or check the engine regularly, they could be held liable.

The owner of the truck is also responsible for maintaining parts such as brakes, tires, electronic systems, and fluids inside the vehicle. Those that fail to follow the inspection and maintenance steps outlined by federal regulations could be liable for damages.

The Manufacturer Or Cargo Loader

In accidents that involve the cargo on a truck, the loader could be held liable if they failed to inspect and secure the cargo properly. This may be a factor in instances where boxes or equipment have fallen off the vehicle and damaged another vehicle or led to some other type of injury.

cargo containersMeanwhile, the manufacturer of the truck’s parts could also be held liable in events where a defect in these parts is found to have caused the accident. For example, a parts batch could malfunction and result in a tire blowout, faulty brakes, or a mechanical failure. In these cases, the manufacturer of the parts could be found liable and ordered to pay damages to the victim.

Other Vendors

In some cases, other vendors who took on outsourced work could be held liable for some or all of the accidents. This may include those carrying out recruitment and administrative work in cases involving a failure to conduct proper background checks and drug and alcohol tests on drivers. Any third-party vendor whose negligence contributed to the accident could be held liable for damages.

Schedule A Consultation With The California Personal Injury Attorneys

If you or a loved one have been injured in an accident involving a truck, an independent investigation of the accident will likely be needed to determine who will be held responsible for injuries and other losses.

At Lehr Law, APC, our experienced San Diego-based legal team is prepared to investigate and litigate commercial trucking accidents on behalf of those who have been injured or lost loved ones. Contact us today or call at (858) 240-9993 to learn more about your rights following a truck accident.

Primary Sidebar

Jessica Lehr headshot

Written By:

Jessica Lehr

Attorney Jessica Lehr is a member of the Consumer Attorneys Association of San Diego, Consumer Attorney’s of California, and the Lawyer’s Club. She is also alumna of the renowned trial lawyer Gerry Spences’ Trial Lawyer’s College.

Need To Discuss Your Case?

Fill out our form below to schedule a consultation, and one of our lawyers will respond to you promptly.

"*" indicates required fields

Sorry, at this time we do not provide advice or representation outside the state of California.

Footer

Lehr Law APC logo

1420 Kettner Blvd.

Suite 100

San Diego, California 92101

Mon – Fri

9AM – 5PM PT

(858) 240-9993

Litigation

  • Civil
  • Business
  • Contract Law
  • Personal Guarantee Consultation
  • Construction Law
  • Commercial and Personal Insurance Disputes
  • Insurance Bad Faith
  • HOA Disputes
  • Debt Collection Law
  • Mechanic Liens

Personal Injury

  • Back / Neck Injury
  • Dangerous Conditions
  • Dog Bite
  • Head Injury
  • Slip And Fall
  • Elder Abuse
  • Spinal Cord Injuries
  • Other Serious Injuries

Employment Law

  • Sexual Harassment in the Workplace
  • Discrimination
  • Breach Of Contract
  • Wages And Hours
  • Wrongful Termination

Auto Accident

  • Bicycle
  • Hit and Run
  • Motorcycle
  • Trucking
  • Uninsured Motorist

Women’s Resources

  • Emotional Abuse and Trauma
  • Domestic Violence
  • Public Safety

Company

  • About
  • Blog
  • Contact

© 2023 Lehr Law, APC Powered by 321 Web Marketing Privacy Policy Terms of Use