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Determining Liability in a Truck Accident

Determining Liability in a Truck Accident

Compared to car accidents, truck accidents are more devastating because of how massive in size and weight semi-trucks and tractor-trailers are compared to passenger vehicles. Since a commercial truck accident can result in catastrophic and fatal injuries, victims are often entitled to significant financial compensation. 

However, what makes truck accidents more complex than car accidents is determining the correct party liable for the damages. The truth is there could be several potential parties aside from the truck driver. 

The following are potentially responsible parties in a truck accident: 

  • Truck driver – In most cases, the truck driver will be held liable for a trucking accident for driving in a dangerous or negligent manner. Common examples of trucker error include driving under the influence, willfully violating traffic laws, distracted driving, or drowsy/fatigued driving. Furthermore, truckers are responsible for inspecting the rig to make sure it is properly maintained, and the cargo is adequately secured. If a crash was caused by a maintenance or cargo issue, then the trucker may be held liable. 

  • Trucking company – The company that hires a truck driver is generally held liable as well. It is not uncommon for carriers to take shortcuts concerning safety measures to quickly meet deadlines and collect more profit. Trucking companies may encourage their drivers to spend more time on the road or overload trucks to make faster deliveries. 

  • Cargo loader – Many accidents are caused by improperly loaded or overloaded cargo. If a loader failed to inspect the cargo and properly secure it, the loader may become liable when packages or items fall off the truck and damage other vehicles or causes an accident. Overloaded cargo can result in tire blowouts, resulting in a serious crash. 

  • Truck or parts manufacturer – Some trucking crashes are caused by defective truck parts. Common examples include steering issues, brake problems, and tire blowouts. If a certain part or system was initially defective, then a victim may seek a product liability claim against the manufacturer. 

If you or a loved one has recently been involved in a truck accident in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 for a free initial consultation. Let our experienced legal team help you obtain the compensation you deserve to recover from injury. 


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