A truck accident can change your life, leaving you with disabling and permanent injuries, psychological harm, and huge financial expenses. In addition to the degree of harm, another complex element of a truck accident is determining liability. Because there are so many potentially at-fault parties at play, as well as different theories of liability, knowing who’s to blame can be difficult, as can recovering a settlement. At the office of Fisk & Monteleone LTD., our Illinois truck accident lawyers can help. Here’s an overview of liability in a truck accident.
Who Could Be Liable in a Truck Accident?
Liability is usually based on fault, but it may also be based on various theories of liability, such as vicarious liability, which holds that one party is liable for the actions of another – based on the relationship between the two parties, such as an employer-employee. Examples of parties who could be held liable in a truck accident include:
- Truck driver – A truck driver may cause an accident by speeding, driving aggressively, driving while fatigued or impaired, and a handful of other negligent and unsafe behaviors. In most cases, a trucking company will be held liable for a truck driver’s actions; however, this may not be the case if the truck driver is an independent contractor or if the truck driver caused the accident while doing something outside of the course of their employment.
- Trucking company – A trucking company could be held liable for the actions of their employee – the truck driver – or because they commit an act of negligence that causes a crash. For example, failing to maintain trucks, failing to properly train drivers, failing to conduct thorough background checks, etc. could all contribute to a crash.
- Truck or truck part manufacturer – Sometimes, a truck accident is caused due to a vehicle defect. When this is the case, the vehicle part manufacturer or distributor could be held liable for any damages, which are incurred due to that defect.
- Shipper or loader of cargo – Some truck accidents happen when cargo within a truck shifts, falls, or even explodes. If cargo is improperly loaded or secured, cargo-related accidents are possible. The shipper or loader of the cargo could be held liable.
- Another third party – Of course, not all truck accidents are the fault of one of the above parties; sometimes, accidents are caused by third parties, such as third-party drivers, the party responsible for road maintenance, and more.
Call Our Law Firm Today
At the law office of Fisk & Monteleone LTD., our experienced Illinois truck accident lawyers will thoroughly investigate your case to determine fault and liability, and will explore all available options of compensation in order to get you the maximum compensation award you deserve and need. We work on a contingency fee basis, always offer free consultations, and are driven by results. To learn more about our law firm and how we can serve you, please call us directly today or send us a message. We know how devastating truck accidents are and are prepared to work hard for you.