Fault In Trucking Accidents - Fisher Stark - Asheville's Semi-Truck and Big Rig Trucking Accident Lawyers

Fault In Trucking Accidents – How is it Determined?

Being injured in a truck accident can be not only traumatic but also confusing. Determining who’s on the hook for these often-devastating accidents isn’t just about pointing fingers; it’s a complex process involving laws, regulations, and an understanding of the trucking industry and legal system.

This article attempts to unravel these layers of liability and identify the parties that could be held responsible and the legal frameworks guiding these decisions.

Trucking accidents can be unique in the legal jungle. Unlike standard car accidents, where liability often rests between drivers, trucking accidents can involve multiple parties, from truck drivers to trucking companies, manufacturers, shippers, brokers, and even government entities.

Understanding who can be held responsible requires a deep dive into the intricate web of regulations governing the trucking industry:

1. The Truck Driver: The person behind the wheel is the first to consider when looking at responsibility. Factors like driver fatigue, violation of traffic laws, or driving under the influence can firmly place the responsibility on the driver.

2. The Trucking Company: Often, the spotlight turns to the trucking companies themselves. These entities can be held liable for numerous reasons, including negligent hiring practices, insufficient driver training, or failure to maintain vehicles.

3. Vehicle/Parts Manufacturers: Sometimes, the fault lies not with the driver but with the vehicle itself. Defective parts or vehicle malfunctions can shift the blame to manufacturers.

4. Cargo Loaders: Incorrectly loaded or secured cargo can lead to accidents. In such cases, the parties responsible for loading the truck could be held accountable.

5. Government Bodies: Yes, even government entities can find themselves entangled in liability issues, particularly if the accident was caused by poor road conditions or inadequate signage.

Fisher Stark - Asheville's Semi-Truck and Big Rig Trucking Accident Lawyers
FAQs About Trucking Accident Fault & Liability

  • Who determines fault in a trucking accident?
    Fault is determined through a combination of law enforcement investigations, legal proceedings, and, in some cases, independent investigations by the parties involved.
  • Can a trucking company be liable if the driver was at fault?
    Yes, particularly if the driver is an employee of the company. The company can be responsible under certain other conditions as well, such as negligent hiring or failure to follow regulations, a trucking company can be held liable for the actions of its driver.
  • What should I do if I’m involved in a trucking accident?
    Seek medical attention, report the accident to law enforcement, document everything, and consult with a personal injury lawyer experienced in trucking accidents as soon as you can. Critical evidence needs to preserved.
Fisher Stark - Asheville's Semi-Truck and Big Rig Trucking Accident Lawyers

Brad Stark, Perry Fisher

Fisher Stark – Asheville’s Semi-Truck and Big Rig Trucking Accident Lawyers

In the aftermath of a trucking accident, determining who is legally responsible for damages is a critical, yet sometimes challenging journey. It requires a thorough investigation, an understanding of legal frameworks, and often, the aid of legal professionals.

For victims and their families, navigating this process is not just about seeking justice but also about promoting a safer future on the roads.

If you or a loved one are navigating the complexities of a trucking accident claim, don’t go it alone. Reach out to the experienced trucking injury lawyers at Fisher Stark P.A. for guidance and support.

Our dedicated team will fight to help you receive the fair compensation and justice you deserve ... We invite you to call us today at 828-505-4300 or click here to contact us to schedule your free consultation and take the first step towards getting the legal help you are entitled to.