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29 Sep 2022
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Truck Accident: Who Pays For It? The Truck Driver Or Their Employer?

With most car accidents, the driver of the vehicle causing the crash is liable for any injuries or damages. With commercial vehicles, however, the driver isn’t always liable. There are various parties that could end up being held liable. If compensation is requested from the wrong party, it is likely the injured person will be denied a settlement. Instead, it is crucial to determine who is liable and request compensation from the correct party. 

Let a Lawyer Help

Determining liability in truck accidents can be incredibly complex. Suing the wrong party will likely mean compensation is denied, so it is a good idea to let a lawyer like those at Polito and Harrington LLC handle the case. A lawyer will have a significant amount of experience in truck accidents and be able to determine who is actually liable for the accident. Working with an attorney allows the victim to relax and focus on their recovery instead of trying to determine who to sue for compensation.  

How the Accident Happened

How the accident happened can help show who was liable. The details of the accident will show why it happened, whether it’s because of driver error, poor maintenance, improper loading, and other factors. In cases where the accident was caused by the weather, by the driver, or by other factors, it could be the driver or their employer that is liable. In other instances, such as when improper maintenance is involved, another party may be liable. 

Who Owns the Vehicle

The owner of the vehicle is likely to be the one carrying the insurance. On top of this, they’re the one in charge of maintenance and repairs. If maintenance is skipped or repairs are not done before the truck is used, it could lead to an accident. This would mean that the owner of the vehicle is likely liable for the accident and would owe compensation to the victim. 

Who Maintains the Vehicle

Commercial vehicles need to be properly maintained to keep them in good shape. There are a lot of maintenance tasks to do to make sure the truck is safe to drive. If the maintenance is skipped, the owner of the vehicle may be liable. If maintenance was done, but done poorly or improperly, the company that handles the maintenance could be held liable.

Who Loaded the Vehicle

The trailers on a truck need to be loaded properly for the truck to safely travel on the road. If this is not done right, the truck could become off-balance, which can lead to an accident. If this happens, the party that loaded the vehicle could be liable for the accident. Depending on the circumstances, this could be the driver, their employer, or another company. 

Who Maintains the Roads

Poor road maintenance can lead to an accident, especially at night when it’s difficult to see obstacles or during bad weather. If an accident occurs because of a poorly maintained stretch of road, it is possible the city or county can be held liable for the accident. 

Determining liability in a truck accident is often more complicated than it seems. If you’ve been in a truck accident, talk to a lawyer today about your case. They can help determine who is liable as well as help you get compensation for your injuries. 

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