Most individuals mistakenly assume that the truck driver will automatically be held liable after a serious truck accident just because they were the ones driving the vehicle when the crash occurred. However, this is definitely not the case. With car accidents, it is generally always the drivers who are held liable but with trucks, there are a lot more parties involved who can be held to account for contributing to the accident.
If the truck driver had a valid license and he or she did not violate any traffic rules, they will most probably not be at fault for the accident. A truck accident attorney can help a person contact all the involved parties and determine who will be held responsible for paying for the damages which occurred.
What determines responsibility?
In order to be held responsible for an accident, a person has to be proven negligent. Being negligent basically means they violated safety protocol when they could have easily taken the necessary precautions to prevent the accident from occurring.
In most truck accidents, the following parties can be held liable:
- The truck driver
- The owner of the truck (or trucking company)
- The company who loaded the cargo
- The owner of the cargo
- Employees involved in loading the cargo
- The manufacturer of the truck or the manufacturer of certain parts of the truck which may have failed, leading to the accident
- The mechanic who was responsible for repairing the truck
- City officials responsible for maintaining the roads
In many cases, more than one individual may be held responsible for the accident. Since truck accidents can be very expensive it is vital that a person does everything in their power to make sure they are not held entirely responsible. A truck accident lawyer in Acworth, GA can assist a person in determining who else may have been at fault for the cause of the accident.
How can I prove the other parties were at fault?
When trying to prove that someone else was responsible, or at least contributed to the magnitude of the accident individuals will have to do a lot of research and contact many different people. First of all, individuals should contact professionals in order to have the accident site assessed to see if the roads were out of shape or not maintained properly.
They should also have the truck parts investigated in order to determine what went wrong before the accident occurred. If it is discovered that a part malfunctioned, the manufacturer of that part needs to be contacted and questioned.
If it turns out that the roads were in bad shape, the government officials responsible for maintaining the roads need to be contacted as well. In many cases, truck accidents occur because their cargo was not loaded on appropriately. If this is the case, the cargo loading company needs to be contacted and the employees who were on shift at the time of loading this particular vehicle need to be questioned. Depending on what actually lead to the truck accident, the relevant parties will be held responsible if they are contacted on time and the required paperwork is filed as well.