Who Can Be Sued in a Truck Accident Case?

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As many as 2 million tractor-trailers travel U.S. roads per year. Determining who is responsible for a truck accident can be a difficult task. There are a number of companies and individuals involved every time a commercial trucker takes to the roadway. Because so many parties in the trucking industry play a role in service delivery, any one of them could bear responsibility for the injuries you suffer in a collision. It’s possible that multiple parties made mistakes that led to your accident.

Unfortunately, due to the weight, size, and speed of an 18-wheeler, you could have catastrophic injuries that leave you permanently disabled or require years of healing and rehabilitation. In personal injury cases involving trucks, you need an attorney to help you find who is responsible, so you get the compensation you deserve to take care of yourself and your loved ones. An attorney will investigate whether laws were violated or how negligent actions caused you harm. Mike Morse Law Firm is a team of experienced personal injury attorneys who work with you to protect your rights and help you receive fair compensation.

Which Liable Parties Can Be Sued?

Many entities within the trucking industry come in contact with trucks. While a driver is liable for their actions behind the wheel, other parties are responsible for making the transfer of goods safe for truckers and other drivers. Serious outcomes occur when safety protocols are neglected or ignored. It is critical to your case to determine the parties liable for your injuries because you deserve justice. Accountability is also essential to prevent future accidents. These are some of the parties that can be sued for their role in causing you harm.

Truckers

According to 2020 statistics from the Michigan State Police Traffic Crash Reporting System, there were 815 injuries from semi-trailer accidents. There were additional crash injuries reported from other large transport truck combinations.

Truck drivers have a legal duty to operate a commercial vehicle safely and follow the rules and regulations set forth by the Federal Motor Carrier Safety Administration. Additionally, they must observe traffic safety rules that govern all drivers. If truckers violate statutes, your attorney can use those facts to support your case. These are serious violations committed by truckers that can prove liability:

Speeding

Speed is a serious infraction for truck drivers trying to make time and acting negligently. Traveling too fast for conditions accounts for many devastating crashes in the U.S. every year. Speeding violates federal motor carrier guidelines and traffic laws and is a clear liability issue for truckers.

Distracted Driving

Distracted driving has rocketed to new levels with the use of mobile phones while driving. The problem is so concerning that 48 states have laws banning texting while driving. Additionally, truckers have more onboard equipment that takes their attention away from the roadway. They are also subject to distractions, such as eating, taking their eyes off the road, and drifting attention issues. If distracted driving was an issue in your accident, your attorney could use this information for your case.

Fatigued Driving

Truckers who knowingly drive while fatigued are putting lives at risk. There are FMCSA regulations regarding how many hours a commercial driver is allowed to operate a vehicle before taking rest periods. Tired driving is a significant issue within the trucking industry.

Sometimes, trucking company supervisors push truckers past drive-time limits to make deliveries. The poor reaction time of exhausted truck drivers often leads to death or life-altering injuries for victims in passenger vehicles. Tired driving is a liability for truckers and trucking managers when their actions harm your quality of life.

Abusing Substances While Driving

Substance abuse while driving is another liability in trucking accidents. It is a serious offense to engage in drugged or drunk driving while operating a CMV. Truckers who misuse or abuse substances can lose their commercial license. They face criminal and civil penalties when this behavior results in other drivers’ and passengers’ injuries or deaths.

Driving an Unsafe CMV

CMV drivers must do a pre-trip inspection to check for safety issues. Sometimes, a trucker driver knowingly operates a mechanically unsafe vehicle. This is a law-breaking action on the part of the driver. It is incumbent upon operators to take care of repairs as needed.

Brake problems are a well-known and frequently unaddressed problem on trucks. Ignoring bad brakes is another violation of standards that unnecessarily causes accidents. Truckers need to be held accountable for damages when you suffer as a result of their decisions.

Trucking Companies

Trucking companies are vital to industry operations and how drivers carry out their roles. The FMCSA lays out precise guidelines for transport companies because safe operations are a must. Proving a duty of care was owed to you is critical when filing a personal injury lawsuit. Trucking companies that openly violate FMCSA regulations are in breach of that duty and can be liable for damages. In some cases, where companies are negligent in one area, other issues surface with closer investigation. These are some of the violations that expose companies to liabilities and lawsuits:

  • Service hour violations (overlooking or encouraging rest period violations)
  • Substance abuse (failure to handle driver substance use issues)
  • Inspection problems (not properly maintaining fleet)
  • Load size issues (mostly the overloading of trucks)
  • CMV license issues (driver with expired, revoked, or no license)

We get to the bottom of what caused your accident and fight to hold people accountable. Your rights matter to us.

Maintenance Crews and Mechanics

Maintenance crews and mechanics employed by trucking companies are trusted with the upkeep and safety of CMV fleets. They violate external regulations and company policies if they willingly neglect maintenance issues or disregard safety concerns. You need an attorney to help analyze the situation to determine where willful negligence applies.

Repair Shops

Truckers, especially independent contractors, may use repair shops for minor or major mechanical problems. Shops and mechanics are subject to lawsuits when they take on jobs that require competency to work on CMVs.

Shipping Companies

The loading of CMVs leads to all kinds of problematic outcomes when done without reasonable care. Improperly loaded and secured goods can shift inside the tractor-trailer, causing it to roll over or making the driver lose control of the vehicle. Items can also break free, striking vehicles around them. Most often, trucks are loaded by third parties that warehouse specific goods. The shipping company assumes responsibility for loading issues that impact the safety of others.

Parts Manufacturers

To keep a truck roadworthy, it takes an enormous number of parts. Parts manufacturers must provide reliable goods that keep vehicles operating safely. Product failures may lead to disastrous outcomes.

Tires

While tires do not meet the legal definition of parts or accessories, they are still a major public safety issue. Tire defects cause 30% of truck crashes. Faulty parts and products that lead to accidents and injuries require legal remedy.

How Can a Truck Accident Lawyer Help Your Case?

The Mike Morse Law Firm is ready with experienced attorneys to aggressively fight for your rights. Our record shows we have the skills and dedication clients need in truck accident personal injury cases. Your injuries may take years to heal, or you could face a permanent disability.

Your pain and suffering need to be understood and compensated for. There are no fees unless we win. Please complete this quick contact form to get started.

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