06 May WHO IS LIABLE FOR TRUCK ACCIDENTS CAUSED BY MAINTENANCE ISSUES?
Posted By Gruenberg Kelly Della || 6-May-2020
Semi-trucks are complex vehicles that require frequent repairs and attentive maintenance to operate safely. Without proper maintenance, truck accidents can occur. To prevent such incidents, truck drivers and their employers must adhere to strict regulations that govern maintenance and inspections. When these responsibilities are not met, truck accidents can result, and multiple parties may be liable for the damages.
Driver Liability
In almost every truck accident case, the driver will be identified as a liable party. Trucking companies share substantial liability when truck accidents are caused by maintenance issues, but the driver must also be aware of issues within their vehicle. If a driver notices a maintenance issue while driving, they must correct it as soon as possible and alert their employer of the issue. However, it is unlikely that the driver will be solely liable for damages in a truck accident case. Trucking companies almost always share liability with the driver.
Trucking Company Liability
Although truck drivers have a significant duty to ensure their vehicles are operating safely, their employers are ultimately responsible for maintaining their fleet. Trucking companies are responsible for regularly inspecting their vehicles, making repairs as needed, keeping up-to-date maintenance records, and identifying and correcting any potential safety hazards. If a truck is deemed unsafe for any reason, trucking companies must remove the truck from operation until it is safe, or take it out of their fleet completely if it is irreparable. In addition to liability for injuries, trucking companies could face additional penalties for their safety violations.
Other Liable Parties
Parties other than the truck drivers and trucking companies can be liable when truck accidents are caused by a lack of maintenance. Although the driver and their employer are generally most responsible for maintaining their vehicles, other parties may assist with the repairs, such as independent mechanics.
Additionally, maintenance issues can be caused by defective vehicles and vehicle parts rather than negligent repairs. In these cases, the companies that manufactured a truck and its parts could be held liable for damages. Other liable parties may include retailers and safety inspectors.
Contact Gruenberg Kelly Della if you or a loved one was injured in a truck accident. We provide quality representation to injury victims and are dedicated to helping you recover the compensation you deserve.
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