Who Is Liable – DeeDee’s Blog
Vehicular accidents happen every day, everywhere, and to anyone. They do not discriminate by vehicle, by age, or by gender. This is not a surprising fact but it is good to remember it as people seem to forget that accidents happen with commercial vehicles just as often as non-commercial ones.
Commercial trucks are on the road a lot, and this naturally increases potential exposure to risk. The accidents that happen with these trucks can be difficult to determine who is at-fault just like any accident, but it is important to recognize who is liable. Here is who may be at-fault for a commercial trucking accident.
Truck Manufacturer
The truck they drive may be faulty from the start which can lead to some serious issues right off the bat. If this truck was designed with bad brakes, then it may be hard to even know if an accident would happen until it does. Or it could be a loose nut that was not designed right. The manufacturer has a duty to supply vehicles that are safe and operable, but sometimes this does not happen and can make them liable from a number of prosecutors.
Commercial Driver
The driver of the truck is always in charge of providing that duty of care on the road. They are operating a massive vehicle and need to be safe in their driving to protect others and themselves. In these instances, drivers need help and the experts at https://www.tomenybest.com/truck-accident-lawyer/ show the importance to find lawyers, even for those who were hit by the drivers. Regardless, the commercial driver is obviously a major factor in who was involved and liable for these kinds of motor vehicle accidents.
Other Motorists
Other drivers on the road have their share of the duty of care when it comes to driving in a legal and safe manner. Commercial truck drivers face a lot of different challenges while driving, like not being able to see around their cab, so other motorists need to understand those limitations and mitigate any possible driving issues. When civilian motorists fail to treat those trucks in a similar manner of respect, accidents tend to happen. Sharing the road and understanding how important it is to be safe for all kinds of vehicles is a key part of limiting liability.
Trucking Company
The manufacturer of the truck is an important party in the liability of the accident, but so is the trucking company that the driver works for. In a very similar manner, if the vehicle was manufactured improperly and the company they work for knew as well, then there is a lot of reason to conclude that the employer is liable.
Sending an employee onto the road in a vehicle that was not working well endangers their lives and others so there is an obvious concern there. It is also their duty to ensure that if something is wrong, they repair it and let the driver know to not drive it until it is safe to do so.
Government and Public Entities
Governments, like municipal or state bodies, are required to keep roads in order. They need to salt snow or ice, and they need to make sure that any faults or damage is properly fixed for drivers. These bodies are responsible for lights and signs as well so if those lead to an accident, they can be at-fault. Public entities are also required to maintain roads if they are contracted. Snowplow businesses or construction companies that fail to keep these roads suitable for motorists will be at-fault for similar problems that arise.
No One
It is possible that no one is at fault in a commercial trucking accident, but it is incredibly rare. This is mostly a problem for motor accidents involving two private citizens, and the reason why it is rare is that there are only a handful or so states that have insurance coverage that would limit liability. This is also under the assumption that both drivers have this coverage. Still, there is a possibility that no one is at fault due to multiple reasons, but more often than not someone or something is the cause.
Commercial drivers are no exception to the fact that accidents strike at any time. Driving a large commercial vehicle is a lot harder than a regular civilian vehicle, and with that, accidents can strike just like any other time on the road. For drivers of these vehicles and those who share the road with them, it is important to know who may be liable for a potential accident.
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