Despite trucks making up only a small percentage of registered vehicles in the U.S., truck accidents often occur on the roads. Statistics show that trucks make up 9.8 percent of all the vehicles involved in fatal collisions in the U.S. These truck collisions increased in the year 2021 after a notable decline in the year before.
“Truck accidents can cause dire economical losses for the victims involved. One way victims get compensation for these losses is by filing a lawsuit,” says accident attorney Charles W. Whetstone Jr.
Before filing a lawsuit for a truck accident, you need to understand the concept of liability. In this article, we will discuss what liability and third-party liability mean.
What is Liability?
Liability is a legal claim against a person. When a person is responsible for an accident, they become the liable party. This implies that the party can be held financially responsible for the damage and losses of an accident victim.
What is Third-Party Liability?
In a third-party liability, a third party refers to any person or company that caused the accident but was not the victim. Below are some third-party liabilities:
- Trucking Companies
- Truck Manufacturer
- Truck Mechanic
- Truck Loaders
- Truck Owners
- Administration
- Government
- Trucking Companies
Trucking companies must ensure their drivers are conscious of road safety and driving safely on the roads. If trucking companies fail to provide adequate training or awareness to their drivers, they may be liable when there is an accident. They also must use responsible hiring and discipline practices. Those responsible for hiring truck drivers can be held liable if they fail to run a proper background check on the driver. If the driver responsible for an accident is incompetent, the administration team can be held responsible. A trucking company can also be liable if an accident occurs due to poor truck maintenance.
- Truck Manufacturer
If a faulty or defective part of a truck results in an accident, the truck manufacturer may be held liable. For example, a defective tire, the leading cause of truck accidents, might cause an accident. The truck manufacturer may be liable if a part becomes faulty but is never repaired or corrected.
- Truck Mechanic
A mechanic in a repair shop can be held responsible if an accident results from a part they supposedly fixed.
- Truck Loaders
Trucks are usually loaded in a particular way to ensure the freight is secured and the weight of the load is well distributed. Failure to do this correctly can cause an imbalance in the truck and cause a serious accident. If the loader does not load the truck correctly, they could be liable if the error leads to an accident.
- Truck Owners
In some cases, a truck may be owned by a different company from the one that hires the truck drivers. In this case, the truck owner may be responsible for truck maintenance. If they do not maintain the truck well, they could be held liable for accidents that occur from a malfunction.
- Government
Sometimes even the government can be held liable for a truck accident. Although it is rare, if a damaged or poorly repaired road causes an accident, the government will have to take responsibility for it.
Conclusion
It is common for truck drivers to be the cause of the collision. However, a third party may also be at fault for the accident. This article explains third-party liability and those that can be held responsible for a truck accident.
Source: Whetstone Perkins & Fulda, Attorneys
