Who Might Be Liable for a Commercial Truck Accident?
Tampa Commercial Truck Accident Lawyer
If you were seriously hurt—or your loved one was killed—in a large truck crash, your family may be entitled to compensation for the resulting damages. Before you can seek a payout, however, you must identify all those who played a role in the wreck.
When it comes to commercial truck accidents, there are a number of parties that could be responsible. Since liability ultimately depends on the circumstances surrounding the collision, your legal team will need to conduct a thorough investigation to determine whom to name in your claim.
Let’s take a look at some of the parties that are most often to blame for large truck crashes:
1. The Trucker or Motor Carrier
If the wreck was caused by a drunk, drowsy, distracted, or otherwise reckless trucker, he or she may be wholly responsible—unless he or she is classified as an employee and was performing work-related duties at the time. Generally speaking, independent contractors are liable for any damages they cause, while employees are covered by their employer’s insurance.
If the trucker was to blame for the accident, a knowledgeable personal injury lawyer can help you determine whether you have grounds for a claim against him or her directly or against the motor carrier that employed him or her.
2. The Maintenance Contractor
If the truck’s mechanic failed to maintain the vehicle to a reasonable standard, they could be deemed liable for any wrecks that result. For example, if they installed worn, defective, or incompatible parts when making repairs, it would be considered a breach of duty, and such negligence would make them responsible for any accidents that occurred as a direct result.
3. The Cargo Loading Company
Motor carriers often outsource the loading to third parties. Naturally, big rigs must be loaded properly in order to haul their cargo safely across the country.
If the trailer is imbalanced, the cargo is unsecured, or the weight of the total vehicle exceeds its capacity, the trucker won’t be able to maintain control of the 18-wheeler in traffic. Should a crash result, those who end up getting hurt may be able to take action against the cargo loading company.
4. A Government Agency
Government agencies at the county, state, and federal levels are responsible for both designing and maintaining roads that are safe for big rigs to use alongside passenger vehicles. If you were hurt in a wreck because the road was poorly designed or poorly maintained, you may have grounds for a claim against a government entity.
Discuss Your Case with a Truck Accident Attorney in Tampa
If you intend to file a truck accident claim in Florida, turn to Capaz Law Firm, P.A. for exceptional representation at every stage of the proceedings. Our approach to the law is built on providing injured parties with the tailored legal solutions, straightforward answers, and attentive counsel they deserve. Call 813-440-2700 or fill out our Contact Form to schedule a free consultation with a truck accident lawyer in Tampa.