Mobile Blog Overview Mobile Blog Overview

How to Hold Multiple Parties Liable for a Truck Accident: A Guide

August 8, 2023

Do You Have a Case?

Find Out Now >

A truck accident can be devastating, causing severe injuries and significant damage. Unlike a regular car accident, a truck accident often involves multiple parties with shared liability. Establishing fault and holding responsible parties accountable for a truck accident can be difficult. That is why it is crucial to seek the assistance of an experienced Cleveland truck accident attorney who understands the intricacies of these types of cases.

Understanding the Complexity of a Truck Accident Case

Truck accidents differ significantly from regular car accidents due to the size and weight of commercial vehicles. A fully-loaded big rig can weigh as much as 80,000 pounds, while the average car weighs only 3,000 pounds. As a result, passenger vehicles often incur most of the property damage in truck accidents, and their occupants suffer the most severe injuries. 

Recognizing the severity of the injuries and damage that truck accidents cause, the U.S. government has implemented strict regulations for the trucking industry, holding truck drivers to a higher standard. However, negligent truck drivers and trucking companies often disregard these rules, leading to catastrophic accidents.

Identifying Potential Liable Parties in a Truck Accident Case

In the aftermath of a truck accident, it is important to identify all potential parties who may share liability for the incident. The primary parties that could be held accountable include the truck driver and the trucking company. However, other entities such as loading companies, manufacturers, and government agencies may also bear responsibility under certain circumstances.

Holding Trucking Companies Responsible

Trucking companies are legally required to hire qualified and responsible drivers, ensure proper training and licensing, and maintain their vehicles adequately. Failure to fulfill these obligations can result in negligence on the part of the trucking company. Additionally, if a company violates state and federal trucking regulations, it can be held accountable for the accident.

Proving Truck Driver Negligence

Truck drivers are subject to strict regulations governing their hours of service to prevent driver fatigue and ensure road safety. Violations of these regulations, such as driving while fatigued, texting while driving, or driving under the influence, can establish negligence on the part of the driver. Gathering evidence such as driver logs, cell phone records, and eyewitness testimonies can help demonstrate driver negligence.

Holding the Truck’s Loaders Accountable

Loading companies play a critical role in ensuring that a truck’s cargo is properly secured. If negligent loading leads to an accident, the truck’s loaders can be held responsible for any injuries. However, truck drivers also may need to inspect the load and report any unsafe conditions, especially if they are owner-operators.

Establishing the Liability of the Truck’s Manufacturer

If a truck accident occurs due to a defective truck or its parts, the manufacturer may be held liable through a product liability claim. Manufacturers have a responsibility to ensure the safety of their products. If a defect in the truck or its components contributes to the accident, victims can seek compensation from the manufacturer.

Government Liability

Sometimes, the government may be indirectly responsible for a truck accident. Poor road design or defective traffic lights can contribute to accidents, making the government liable. Holding government entities accountable can be complex and requires a thorough understanding of the applicable laws and regulations.

When identifying potentially liable parties for a Cleveland truck accident claim, it is crucial to consult with an experienced 18-wheeler accident attorney who can help determine the appropriate parties to pursue legal action against.

Gathering Evidence for a Strong Case Against Multiple Parties 

Collecting evidence is the most important step of building a strong case against negligent parties after truck accidents.

This evidence may include:

  • Truck Maintenance and Inspection Records: Maintenance and inspection records can reveal whether the trucking company neglected routine maintenance, contributing to the accident.
  • Driver Logs and Personnel Files: Driver logs and personnel files can provide insight into compliance with driving hour regulations and the driver's history of safety issues.
  • Witness Testimonies: Eyewitness accounts of the accident can support your claim and help establish liability.
  • The Trucking Company’s Hiring Process: Scrutinizing the trucking company's hiring process can uncover any negligent practices or evidence that they routinely hire drivers with unsafe histories.
  • Surveillance Footage: Dashcam recordings, surveillance footage, or other video evidence can be invaluable in reconstructing the accident and determining liability.
  • The Police Report: The police report contains essential details about the accident, including statements from the parties involved and law enforcement’s initial assessment of fault.

Additionally, obtaining the opinions of truck accident reconstruction experts and other industry professionals can greatly support your case. A knowledgeable Cleveland truck accident attorney will know what evidence and information is needed and how to obtain it, including issuing subpoenas if necessary.

Contact an Experienced Cleveland Truck Accident Attorney

Truck accidents involving multiple parties can be legally complex, requiring a comprehensive understanding of the laws and regulations governing the trucking industry. If you or a loved one has been involved in a truck accident, it is essential to seek the guidance of an experienced personal injury lawyer who specializes in truck accident claims.

Nurenberg Paris has a compassionate and motivated team that will guide you through this process and be prepared to go to trial if necessary. With the help of a skilled truck accident attorney, Cleveland victims can successfully navigate the intricacies of the legal process, gather critical evidence, and fight for the compensation they deserve.

Call Nurenberg Paris today to schedule a free consultation and take the necessary steps to protect your rights and seek justice after a devastating truck accident in Cleveland.

Related Posts

Send this to a friend