Commercial trucks can outweigh passenger vehicles by thousands of pounds, and an accident involving these behemoths can cause significant damage. According to the Federal Motor Carrier Safety Administration, in 2017, there were 116,000 large truck- or bus-related crashes that resulted in injury, and 4,237 fatal collisions.
When an auto accident causes harm to the individuals involved, they could pursue a personal injury claim to recover compensation for damages. To maximize the amount they receive from a settlement, they must hold the correct person or company responsible for the collision. Depending on the factors that led to an accident involving commercial trucks, different parties could be held accountable.
Holding the Driver Liable
The accident could be caused by driver negligence. If the trucker was texting while driving, not obeying traffic laws, operating their vehicle while intoxicated, or performing any other activity that made them deliberately take their eyes and mind off driving, they could be held accountable.
Holding the Trucking Company Liable
Under the theory of vicarious liability, a trucking company could be held responsible for an accident caused by one of their employees conducting work-related business. The company may have poorly supervised the trucker, set unreasonable expectations, or provided inadequate training, which resulted in the driver causing the accident. However, the company could only be accountable if the driver was an actual employee rather than an independent contractor. Tennessee courts have ruled that if an agency relationship does not exist, the company is not responsible for the negligent actions of the driver.
Holding the Truck Part Manufacturer Liable
The manufacturer is responsible for developing products that are safe to use. If a defect in the truck’s equipment, such as the brakes, tires, or electronic systems, caused an accident, the company could be accountable.
Holding the Cargo Loader Liable
The cargo company must make sure that boxes, equipment, and other items are securely attached to the rig. If the objects are improperly loaded, they could fall into traffic and cause accidents that result in property damage or bodily injury.
Discuss Your Case with Andrew Farmer Law During a Free Consultation
After a commercial truck accident, you could have incurred steep medical bills, lost wages because of an inability to work, and experienced pain/suffering because of your injuries. Our attorney is here to help seek fair compensation for your expenses and losses. We will thoroughly review your circumstances to determine the cause of the accident and establish liability.
To get started with your claim, call us at (865) 205-2637 or contact us online.