Why Is Determining Liability in a Truck Accident Not Always Straightforward?
Determining liability in a truck accident can be complex and typically involves thoroughly investigating the cause. When you’re involved in an accident with a commercial vehicle, responsibility might be distributed among several parties or a third party, such as the trucking company, the driver, or the maintenance contractor. Understanding what happened and who might be at fault is essential for knowing who to pursue claims with and securing the compensation you need.
When Is a Truck Driver Liable for the Accident?
A truck driver might be liable for your accident if their negligence, such as reckless or impaired driving, contributed to the crash. Speeding, ignoring traffic signals, or running red lights are all examples of reckless behavior that contribute to accidents.
Arizona truckers must follow rules regarding their hours of service. They must take a 30-minute break after eight hours of driving and can drive up to 11 hours if they’ve had 10 hours off. Driving beyond the regulations mandating hours of service can lead to fatigue, a known contributing factor to accidents, and can impair drivers’ reaction times and judgment.
A truck driver would be held responsible if they operate their vehicle while under the influence of alcohol or drugs. Using mobile phones while driving can distract drivers and increase the risk of avoidable accidents.
When Is the Trucking Company Liable for the Accident?
Trucking companies could be liable for accidents if they negligently hire or train employees, fail to properly maintain vehicles, or fail to follow Arizona or federal trucking regulations. If a company does not properly train or vet employees, it could lead to unqualified individuals operating commercial trucks or insufficient vehicle inspections by the company.
A driver’s company may also push them to work unreasonable hours, with unrealistic delivery deadlines, leading drivers to speed, drive beyond regulated hours, or become fatigued on the road.
When Is the Cargo Loader or Shipper Liable for the Accident?
Large trucks must adhere to strict safety regulations established by the Federal Motor Carrier Safety Administration because they can still be challenging to operate even if they meet these standards. Single-axle trucks are limited to 20,000 pounds, tandem-axle trucks to 34,000 pounds, and the maximum gross weight in Arizona is 80,000 pounds.
Overloaded trucks can be very dangerous, leading to strained axles, decreased stopping power, tire blowouts, rollovers, and jackknife accidents. Commercial trucks also must adhere to cargo securement rules to prevent accidents caused by shifting or falling cargo. Improperly secured cargo can fall, creating road hazards and crashes.
If a cargo loader or shipper failed to follow requirements, they might have contributed to the accident.
When Is the Truck or Parts Manufacturer Liable for the Accident?
Liability could be placed on the truck or parts manufacturers in cases of faulty products or mechanical failures. You could have a product liability claim against the manufacturer if the truck had defective parts or design defects that led to the accident.
When Is the Truck Repair/Maintenance Company Liable for the Accident?
A truck repair or maintenance company can be held responsible for your accident if they were negligent in their inspections or repairs or failed to fix a known issue, leading to an unsafe truck on the road. When a truck isn’t properly maintained, repaired, or inspected, the chances of accidents increase, and they could be held liable.
When Is the Government Liable for the Accident?
In Arizona, you can bring a personal injury claim against a government agency if its negligence contributed to your accident. This often applies in cases involving unsafe road conditions, poor roadway maintenance, or defective road design. However, claims against government entities follow a different process than standard personal injury cases.
Before filing a lawsuit, you must submit a Notice of Claim within 180 days of the accident to the appropriate government representative. The notice must include the facts supporting your claim and a specific settlement amount. Missing this deadline will permanently bar you from seeking compensation. Because these cases involve strict procedural rules and short time limits, it’s essential to contact an experienced personal injury attorney as soon as possible.
How the Truck Accident Lawyers at Runion Injury Law Can Help
If you’ve been injured in a truck accident, you can pursue compensation and hold all responsible parties accountable. Working with the truck accident attorneys at Runion Personal Injury Lawyers ensures a thorough investigation of your accident, a team that manages all aspects of your case, and handles communication with insurance companies.
Our Arizona team has recovered over $50 million for our clients, including truck accidents, with a 99 percent success rate. We offer free consultations, service in English and Spanish, and guarantee you will never pay us more in legal fees than you recover. Contact us for your free consultation today, or call (602) 600-9000 and let us help you determine who is truly liable for your truck accident, and get the maximum compensation.
