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Who Is Liable for a Trucking Accident?

Who Is Liable for a Trucking Accident?

A crash involving a large commercial truck is typically more devastating than a collision between passenger vehicles. Since a commercial truck is massive in size and weight, these types of accidents lead to serious injuries and fatalities.

Depending on what had transpired in your trucking accident, there may be several parties who can be held liable for your damages, such as medical expenses, lost wages, as well as pain and suffering. However, determining liability for a truck accident can be complex.

For this reason, it is imperative to know which parties can be held accountable for the crash. At Kempton & Russell, our Sedalia personal injury attorneys have more than 60 years of trial-tested experience and understand what it takes to obtain the most favorable outcome in your case.

The following are the common parties involved in truck accidents in Missouri and the United States:

  1. Truck driver – Many truck accidents result from driver error and negligence. Truckers are required to adhere to numerous federal safety regulations designed to reduce accident risks on public roads and highways. For example, in order to eliminate fatigue driving, the Hours of Service rules prevent a driver from being behind the wheel for too long. When they violate those responsibilities, they can be held accountable for any crashes and injuries they cause.
  2. Trucking company – Truck companies can be held liable for the negligent conduct of their drivers. For example, if a trucking operator encourages their drivers to ignore federal regulations in order to meet deadlines faster and make a profit, then they can be held accountable for an accident caused by driver error. Trucking companies also need to comply with federal regulations, including routine vehicle maintenance, repairing potential hazards, and more. Trucking companies which fail I their duty to take reasonable measures in protecting public safety can be held liable in a crash.
  3. Truck and truck part manufacturers – There are also some accidents caused by a defective product or auto part which malfunctions or fails while the trucker is driving, causing a crash. Product manufacturers are legally obligated to ensure that their products are safe for their intended use. They can be held liable for any accidents caused by a defectively designed, manufactured, or even marketed products.
  4. Cargo companies or shippers – One of the most common causes of truck accidents is overloaded or improperly loaded cargo. Federal regulations set limits to how much cargo can be stored on a truck, where the cargo should be positioned, and what tools and devices are used to secure the cargo. If a shipping company does so negligently and an accident occurs, they can be held liable for damages.

If you have been injured in a truck accident in Missouri, contact us and request a free consultation today.