Who Might Be Liable for a Commercial Truck Accident?

October 15, 2019
Who Might Be Liable for a Commercial Truck Accident?

The vast majority of truck accident claims are filed on the basis of negligence, meaning that one party failed to exercise reasonable care, and this resulted in death, injury, or property damage to another person. From speeding to making illegal turns to violating the Hours of Service regulations, there are many forms of negligence that contribute to tractor-trailer wrecks.

Depending on the specific cause of your accident, one or more of the following parties might be liable for your damages:

1. The Motor Carrier

If the truck driver’s negligence was a proximate cause of your crash, it may be possible to hold his or her employer vicariously liable under the doctrine of respondeat superior. Large motor carriers tend to have robust insurance policies with high coverage limits, so if you incurred substantial damages, it is important that you hire a skilled truck accident lawyer to determine whether vicarious liability might apply to your case.

2. The Truck Driver

If the truck driver who caused your crash was not an employee of the motor carrier, it may be that your claim would be brought directly against him or her. Hopefully the trucker will have sufficient insurance to cover your medical bills and other damages. If not, your attorney can help you explore other potential avenues for pursuing compensation.

3. A Mechanic or Maintenance Contractor

Vehicle malfunctions are one of the leading causes of truck accidents. If faulty maintenance contributed to your wreck, it may be possible to hold the at-fault mechanic or maintenance contractor liable for your damages.

4. An Auto Part Manufacturer

Trucks are complex machines with thousands of moving parts. One defective component could be enough to cause a devastating collision. In this scenario, the manufacturer of the part might be strictly liable for your damages, meaning that a finding of negligence or intent would not be necessary to impose liability. Besides the manufacturer, your attorney can investigate whether the designer of the part, the distributor, the seller, or another party might have contributed to the defect.

5. Another Party

Other potentially at-fault parties include the company that loaded the cargo, another motorist who was involved in the crash, and the government entity that was responsible for maintaining the section of roadway where the collision occurred. A seasoned truck accident lawyer can review the facts of your case in a free consultation, conduct an investigation, and help you determine who might be responsible for your damages.

Speak with a Spartanburg Truck Accident Attorney

At Hodge & Langley Law Firm, we have experience with the statutes, case law, and procedures that pertain to truck accident lawsuits in South Carolina. Our attorneys have extensive experience helping clients take on large motor carriers and their insurance companies. We can help you avoid costly mistakes and make sure your claim accounts for all the damages you may be owed. For a free case review, send us a message on our Contact Page or call our office at 864-585-3873.

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