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In a Tractor-Trailer Accident, the Truck Driver May Not Be the Only One at Fault

Posted on - Friday, October 16, 2015 under Truck Accidents

There are many reasons for serious tractor-trailer accidents, and there can be almost as many parties who are potentially responsible for any injuries or damages that result from the accident.

In most accidents between passenger vehicles, there are generally just two parties: the injured driver and the other driver. While the defendant’s insurance company will get involved in the lawsuit, they are simply standing in the shoes of their insured driver.

In a commercial truck accident, however, an injury victim may wind up seeking compensation from multiple parties, including:

The Truck Driver

Truck drivers can engage in the same negligent acts that car drivers do. Driving drunk, speeding, tailgating, and reckless driving can all lead to catastrophic trucking accidents.  Additionally, a big-rig driver may have failed to inspect or maintain the truck or properly secure cargo in the truck.

One of the major causes of trucking accidents, and one that can also implicate the company that owns the truck, are tired and fatigued truck drivers. It is estimated that commercial driver fatigue is a factor in at least 40% of all trucking accidents. This is often because they have failed to abide by hours of service regulations established by the Federal Motor Carrier Safety Administration that limit the amount of time commercial truck drivers can spend behind the wheel.

The Trucking Company

Truck drivers can have economic incentives to drive as much as possible and/or fudge on their compliance with the federal time limits. If the carrier or truck owners either fail to ensure that their drivers comply with hours of service regulations or act in ways that either overtly or subtly cause their drivers to ignore those limits, than they can be held liable for any accidents and injuries.

Commercial carriers also can be negligent in failing to properly maintain the trucks in their fleet.

The Truck Manufacturer

If the truck or any of its parts were defective, the manufacturer may be liable as well.

Given the complexities involved in identifying and pursuing claims against the individuals and companies who may be liable in a trucking accident lawsuit, retaining an experienced tractor-trailer accident attorney is essential if you are seeking compensation for your injuries.

If you have been hurt or a loved one has been killed in a trucking accident, the Georgia trucking accident lawyers at The Parian Law Firm are ready to help you get the compensation and justice you deserve.  Call us at (770) 727-5550 or chat live online with a member of our staff today.