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Who is Liable in a Commercial Truck Accident?

Accidents involving commercial trucks and other vehicles can be much more catastrophic than accidents between other vehicles. Fully loaded commercial trucks can weigh 25 times more than typical cars. Hence, commercial truck accidents can result in serious and fatal injuries.

Liable parties

In accidents involving commercial trucks and other vehicles, several parties can be held liable. This includes:

Truck drivers: Commercial truck drivers have the same responsibility as other drivers, to practice safe driving. Negligent behavior such as speeding, tailgating, running a red light or stop sign, failing to yield or driving recklessly can cause truck accidents. Truck drivers must also ensure proper maintenance or loading of cargo. When accidents take place due to maintenance problems or cargo shifts, truck drivers may be held accountable for such accidents.

Trucking companies: Trucking companies may be held liable for the negligent act of the drivers. Companies must make sure to hire licensed or qualified drivers with a history of no traffic violations. They are also accountable for encouraging drivers not to violate rules such as hours of service regulations that restrict the hours drivers can be on the road. At the same time, it is also the duty of the companies to properly inspect, maintain and repair trucks in its fleet. Negligence of these duties and responsibilities can hold trucking companies responsible for accidents.

Shippers: Many commercial truck accidents are caused by cargo that is not properly loaded and secured or it exceeds the weight limit. In this situation, shipping companies may be held liable, particularly if the cargo was already sealed when the truck carriers took control of them.

Truck manufacturers: Commercial trucks have many parts that must work properly in order for the trucks to function safely. Truck accidents may happen when one of the components fail, such as tire blowouts, brake failures or problems with the steering or coupling system. Manufacturers of the trucks or its parts could be held accountable if the parts fail due to defects.

Government agencies and contractors: When conditions on the road, such as soft shoulders or broken pavements contribute to truck accidents, the local, state or federal government agencies may be held responsible for the accidents. In addition, negligent contractors hired by the government can also be held liable if their work zone set up contributed to any accidents.

Victim of a Commercial Truck Accident? Contact Marvin A. Cooper, P.C in White Plains, NY

If you or someone you love has been injured in a commercial truck accident, you should contact truck accident lawyers at the office of Marvin A. Cooper, P.C. to learn about your legal rights. Our office will provide the advocacy to best help you—whether through effective client counseling, providing sound legal advice and/or making oral arguments in court on your behalf at the time of trial. Call us at (914) 357-8911 and (718) 619 4215 or email at whc@cooper-law.cln.

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