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Who is liable for a commercial vehicle accident?

On Behalf of | Dec 6, 2022 | Motor Vehicle Accidents

Accidents involving commercial vehicles are on the rise. According to the Federal Motor Carrier Safety Administration (FMCSA), 4,998 large trucks and buses were involved in fatal crashes in 2020 in the country. 

Truck accidents can lead to brain injuries, spinal cord injuries, internal decapitation, broken bones, and death. If you are involved in one, you need to determine who is liable. 

Here are four parties that may take responsibility for a commercial vehicle accident:

1. The driver

If the accident occurred due to the driver’s reckless behavior, they may take responsibility. For example, if they were distracted, drunk, overspeeding or violating traffic laws. The company may distance itself from the case in such instances.

2. The trucking company

A trucking company may be responsible for an accident., For instance, if they fail to service their trucks regularly or when they hire unskilled drivers.

Besides, according to Louisiana Civil Code Article 2320, employers are answerable for the damages caused by employees in the line of duty. Thus, the driver may have an opportunity to share liability with the employer. However, if the driver is an independent contractor, they may be held fully responsible for your injuries and losses.

3. The cargo loading company

Trucking companies work with cargo loaders to save time and increase productivity. If the loaders fail to perform their work efficiently, perhaps by overloading or not securing cargo properly, resulting in an accident, they may be held responsible. 

4. The manufacturer

A commercial vehicle may get into an accident due to a manufacturing or design defect. If this was the case in the accident you were involved in, the car manufacturer will be answerable. At times, the manufacturer of an individual part may be found responsible.

Commercial vehicle accidents occur due to many different causes. You should get legal help to establish liability so that you can receive fair compensation for your injuries and other losses.