Liability and Common Causes of Trucking Accidents
If you’ve been involved or have suffered, as a result of a trucking accident, the question that most likely concerns you is about the accountability of the entire situation. Who caused the accident? Who is at fault? There are quite a lot of different parties involved – from the driver of the truck to the owner; if they are two separate entities. You’d need to get the necessary information in order to ensure that everything is up to the highest standards.
It is helpful to have a basic understanding about the common causes of such accidents; as well as the entities that are involved. This will help you to determine whether you have a valid claim; as well as the manner with which you would present your case.
What are the Governing Laws?
The trucking industry in the USA is regulated and governed by federal laws. These are known to establish clean standards for the companies, owners and the drivers. And, they need to be carefully met. Therefore, it’s not that difficult to determine who is overly responsible for an accident. The bulk of the regulations that deal with the industry could be encountered in the Title 49 – pertaining to the Code of Federal Regulations.
Who is Responsible?
This is a question which is far more complicated than you may think. When it comes to trucking accidents, there are quite a lot of people involved that could potentially be liable for the victim injuries. These include:
- the owner of the truck or the trailer
- the driver of the truck
- the person or the company which lent the truck or has leased it
- the manufacturer of the vehicle, the tires, or any other components, which may have caused the accident
It’s obvious that every single situation is individual and the circumstances are going to determine the party who is at fault. This is rather important.
Under the previous legislative standards, companies could potentially avoid liability by skewing the blame towards the driver. However, this is currently impossible. As per the latest federal laws, which also govern the state of Florida and in Miami, the company which owns a trucking permit is responsible for the accident. That is, if it involves a truck that has its placard or its name displayed. It doesn’t really matter what the leasing agreements are.
It’s obviously important to be very considerate, when it comes to it, to receive the compensation that you are actively entitled to. This is something particularly important, and it has to be taken into thorough account by the victim. Working with a lawyer would be your best bet. When you work with an injury lawyer that is an expert for trucking accidents, they understand the intricacies and issues that can come up with a claim. That is why it is best to contact them before you file your claim.