There are frequently serious harms and property damage. Who is at fault will matter greatly when it comes to getting compensation for your losses. Depending on the specifics of the crash, liability may fall on multiple parties.
Portland has a high population density, and its newly growing population only adds to the number of vehicles on the road, including giant commercial trucks. Damages and injuries resulting from accidents involving commercial trucks in Portland are definitely a growing concern.
A Portland truck accident attorney can help you make sense of who may have responsibility and ensure your rights are maintained as you go through this challenging process. Here we go!
Who Is Responsible in a Truck Accident?
Truck accidents are not quite the same as regular vehicle crashes due to the mass and weight of commercial trucks, meaning they typically involve a more complicated liability question and can involve more than one at-fault party.
1. Truck Driver
The driver is the most obvious potentially responsible party. They may be liable if negligent, fatigued, impaired, in violation of the law, and/or involved in reckless driving. The FMCSA indicates that a truck accident may be a result of an operator’s fault.
2. Trucking Company
Employers can be liable for their negligence in hiring improperly trained or unqualified drivers, and for blatantly violating safety regulations for truck drivers. (e.g., Pressurizing a driver to go over hours-of-service limits or failing to conduct maintenance.)
3. Trucking Owner
The truck may have been owned by a party other than the company operating it. The owners of vehicles who lease their trucks and fail to take reasonable steps and care to ensure the truck is maintained and does not have any safety issues can be held liable for accidents.
4. Vehicle Manufacturer
The manufacturer of a truck may be liable under product liability laws for vehicle parts or components (such as brakes or tires) that are faulty, even if the faults cause an accident.
5. Loading Party (cargo load/unload)
If cargo is misloaded and the load shifts, making the truck unstable or posing a risk of debris being thrown from the truck, then the loading parties may be liable.
6. Government Entities
On occasion, poorly maintained roadways, confusing signage, or traffic signal failures, etc. would contribute to liability. In which case, the government agency responsible for maintaining the road could be liable.
Why Liability in Truck Accidents Can Be Messy
Truck accidents often involve multiple parties, meaning the question of fault is not as straightforward as dealing with traditional auto accidents. Insurance companies typically will analyze every possible angle without blinking an eye to avoid paying out damages, so enlisting the help of an experienced truck accident attorney to prepare an indisputable case can help.
The Bottom Line
- Truck drivers are often responsible due to some act of negligence.
- Truck Companies may be liable to the degree they own either their drivers or are responsible for vehicle maintenance.
- Liability can have multiple parties, who can be liable to various degrees based on their responsibilities to the parties involved.
- Using legal representation can help remove some of the uncertainty and mystery from lengthy investigations.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
