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Truck Accident

Determining Liability in Truck Accidents: Who’s Responsible and Why

By Pottroff & Karlin LLC |

Commercial trucks are the lifeblood of goods transportation, but their size and handling challenges can lead to serious accidents and tragic consequences. When a truck accident occurs, the critical question arises: who is at fault?

Fault in truck accidents is tied to liability, where the responsible party is expected to compensate for the resulting damages, encompassing medical bills, property damage, lost wages, and pain and suffering.

Primary At-Fault Party: The Truck Driver

Typically, the truck driver is the primary party held at fault. This designation can stem from various factors, including violations of traffic laws or regulations. Negligence, such as distracted driving, also places liability on the driver, though proving it may be complex.

Other Potential Liable Parties

Several other parties may share liability in a truck accident:

  1. Other Motorists: If the actions of another motorist, such as rear-ending the truck or driving under the influence, contribute to the accident, they can be deemed at fault.
  2. Trucking Company: Many truck drivers are employed by trucking companies, which can be held responsible if they neglect proper maintenance, fail to conduct inspections, or pressure drivers into safety regulation violations.
  3. Manufacturer: Vehicle defects, stemming from design or manufacturing flaws, may assign liability to the manufacturer. For instance, if a tire blowout results from a design flaw, the tire manufacturer could be held responsible.
  4. Cargo Loaders: In most cases, truck drivers are not responsible for loading cargo. Loaders who fail to secure or inspect cargo adequately can be held accountable if cargo falls off the truck and causes an accident.

Navigating Liability

Determining liability in truck accidents is rarely straightforward. Multiple parties can share fault, making it crucial to hold the right parties accountable. Truck accidents can result in a wide range of injuries and damages. Ensure you protect your rights and seek rightful compensation. Rely on the Manhattan truck accident attorneys at Pottroff & Karlin, LLC. Schedule a free consultation by filling out our online form or calling (785) 539-4656. We’re here to guide you through the legal process and fight for your interests.


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