Liability is the determination of fault. An individual can be held liable if they act in a way that would cause harm or damage or if they failed to act to prevent injury or harm. In the case of a tractor trailer accident there are at least three distinct possibilities of fault or liability. They include the driver of the tractor trailer, the driver of the other vehicle or vehicles or possibility the trucking company itself.
Liability of the Tractor Trailer Driver
If the tractor trailer accident is caused because of some fault of the big rig driver then the liability or at least the largest part of the fault will fall on the driver. Generally this type of liability is found when the driver breaks some time of driving law or fails to drive with due care and attention. Common types of accident causes by big truck drivers include:
- Excessive speed
- Following too closely behind other vehicles
- Failure to check before lane changes
- Failure to stop at a light or stop sign/
- Excessive fatigue because of driving for too long
However, some of these driver issues may also have some liability with the company.
Liability of the Company
If the cause of the accident was due to negligence or the policy of the company the company itself may be liable. Often company liability comes into play if the driver was forced to drive long distances, maintain high rates of speed to complete deliveries on a schedule or if policy was against the standards and practices regulated by the governmental oversight of the trucking industry. In addition if the accident was due to a mechanical or brake failure on the truck that the company was negligent in repairing or checking they can be held accountable.
Liability of the Car Driver
If the smaller vehicle driver was liable or at fault for the accident because of breaking the laws of the road or negligent driving then he or she can also be found partially or fully at fault.
Legal Help
Lawsuits against trucking companies can be complex especially when fault or liability rests jointly with the trucker and the company. Hiring an attorney to assist in handling the legal aspect of a tractor trailer accident is the best option, ensuring you can focus on recovery while they make sure you get a fair settlement.
