Unlike a routine fender-bender, truck accidents often involve a web of potential culprits other than the driver behind the wheel. Who may be responsible for a truck accident?
From the trucking company to parts manufacturers and even cargo loaders, several parties may share responsibility when something goes wrong. Uncovering the truth requires more than a glance at the crash report. Your legal team will need to thoroughly investigate the circumstances of the crash.
Let’s examine who may be liable after a truck accident in Kentucky.
The Truck Driver
Many times, the first place to look is the truck driver. If a driver made a careless or reckless decision behind the wheel, they could be held responsible for the crash. Some common examples of driver negligence include:
- Texting or using a phone while driving
- Driving under the influence of drugs or alcohol
- Fatigue or falling asleep at the wheel
- Speeding or ignoring traffic signs
- Making unsafe lane changes
Truck drivers must adhere to both Kentucky traffic laws and stringent federal safety regulations, including the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service rules. These rules are in place to prevent fatigue-related accidents when a driver violates those guidelines, which can factor in determining fault.
The Trucking Company
Trucking companies can also be held legally responsible if they fail to hire qualified drivers or pressure employees to cut corners. Often, employers are held liable for the actions of their drivers while on the job. Sometimes, trucking companies may also be directly responsible if they:
- Hired unqualified or unsafe drivers
- Skipped background checks
- Failed to train or supervise drivers properly
- Encouraged violations of safety rules to meet deadlines
- Ignored regular maintenance or inspections
In Kentucky, trucking companies have a legal duty to operate safely. Failing to meet that duty can make them a defendant in a truck accident case.
Maintenance Providers
In some scenarios, the problem is not with the driver or the company, but with the truck itself. If a mechanical failure caused the accident, a third-party maintenance provider could be at fault. For example, a maintenance company may be liable if it fails to spot or fix issues such as:
- Brake malfunctions
- Tire blowouts
- Steering problems
- Improperly attached trailers
With that, your legal team will need to figure out whether the truck was serviced properly or if safety checks were missed.
Manufacturers of Defective Parts
In rare events, a truck part may fail because it was poorly designed or manufactured. If a defective component was responsible for the crash, the manufacturer of that part may be held strictly liable.
Kentucky law allows victims to file product liability claims without proving negligence. Instead, you have to show that the product was defective, unreasonably dangerous, and caused the accident.
Cargo Loaders and Shipping Companies
Overloaded or poorly secured cargo can be dangerous. If the load shifts during transit, it can throw the entire truck off balance. This can lead to a rollover or jackknife accident.
If another company were in charge of loading the truck and did so improperly, that party could also be held accountable. Federal cargo securement rules exist for a reason and violating them can carry serious legal consequences.
Government Entities
Sometimes, the condition of the road plays a role in a crash. Poorly designed intersections, missing signs, or bad road maintenance can create hazards for any driver, especially someone behind the wheel of an 80,000-pound truck.
In these situations, a government agency may share liability. With that, bringing a claim against a city or state agency involves special rules and deadlines. You will need to take immediate legal action.
Other Drivers
Truck drivers are not always the ones at fault. Sometimes, another motorist may behave recklessly.
This can include cutting off a truck, weaving through traffic, or failing to yield. All these actions can trigger a crash involving the truck. Kentucky uses a pure comparative fault system. Under that, each party’s role in the accident is evaluated. Even if the injured person is partially at fault, they can still recover compensation.
However, the amount will be reduced in proportion to their share of the blame.
Get the Help You Need for Your Truck Claim
Liability in a truck accident is rarely black and white. These cases often involve a mix of drivers, companies, manufacturers, and government agencies. Sorting it all out requires analyzing evidence like black box data, driver logs, maintenance records, and eyewitness accounts.
If you or a loved one has been injured in a truck accident in Kentucky, Peterson Law Office can help.
We will take the time to identify every responsible party, build a strong case, and pursue the compensation you deserve. Find out how we can assist with your claim today.
