Who Can be Held Liable in Trucking Accidents?

By Greg Kohn

Trucking accidents can often have devastating consequences. Not only can they lead to critical injuries and death, but they can also be difficult to assign liability for the injuries they caused. This is where having an experienced truck accident lawyer on your side can be crucial to get you and your family the compensation you deserve.

Who Could Be At Fault in Truck Accidents?

Truck accident litigation can be fairly complex due to the fact that multiple parties could be responsible for the accident. Following a rigorous investigation, liability for the accident could be found to lie with one or more of the following parties:

  • The Truck Driver – Like all drivers, truck drivers have a responsibility to drive safely and in a manner that respects the life and safety of other drivers on the road. Unlike other drivers, commercial truck drivers are constantly pushing to put in long hours behind the wheel in order to make demanding shipping schedules. Sometimes, this can lead to reckless behavior, including the use of drugs to stay awake. Even those who do not turn to drugs can become unable to drive in a safe manner.
  • Trucking Companies – Speaking of demanding shipping schedules, it is often found that the trucking companies have placed unworkable demands on the schedules of truckers. Additionally, the trucking companies may fail to property maintain their vehicles, which may lead to a malfunction and accident. If it is found that a trucking company placed their profits over driver safety, then they could be held liable for your injuries and property damage.
  • Shipping Companies – In addition to demanding shipping schedules, those responsible for loading commercial trucks can often overload or improperly load the trailers. This negligent behavior can lead to jackknife and other accidents. If an investigation reveals that the company overloaded or improperly loaded the truck, then they may be held liable for injuries and property damage.
  • Manufacturers & Designers – In some cases, accidents are caused by faulty and defective truck parts. Every manufacturer has a responsibility to those that their products come into contact with. If it is found that the truck that injured you was constructed with defective parts or was designed improperly, then those responsible parties could be held liable for your injuries.

How Do You Determine Liability in a Truck Accident?

Determining liability in truck accidents is complex. It requires a thorough collection of evidence and a detailed review of that evidence. Truck accident attorneys will often turn to experts to assist them in reviewing the evidence and testifying as to things like:

  • standard practices
  • design defects
  • manufacturing defects
  • causation

Attorneys experienced in litigating truck accident cases know that detailed analysis is key. They also have connections with the best experts in the field. If you have been injured in a commercial truck accident, you need the help of lawyers who do this everyday. Contact the New Jersey personal injury attorneys at Nagel Rice, LLP today to find out how we can benefit you.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.