Who Is Liable For A Trucking Accident?
The person driving the truck should be primarily liable for the accident. However, there can be more than just the driver who is responsible. Typically, these drivers work for commercial shippers. The commercial shipper may have policies and procedures that incentivize the driver to rush or to stay awake all night, driving, even though those practices are illegal. These things can lead to a corporate malfeasance argument, which is to hold the actual shipping company directly liable for the actions of their driver. Furthermore, there can be other parties liable, which may not be readily apparent. For example, the failure of the Department of Transportation to institute weigh stations. All of these types of things can add additional liability as to who is weighing the truck and who is maintaining the truck, as well as state or government for failure to check and prevent that vehicle from being on the road. It is very important that you hire an experienced trucking attorney, so that attorney can explore all possible defendants in order to get the recovery you deserve.
What About Road Conditions In Trucking Accident Cases? Who Is Responsible, If I’m Struck By A Commercial Truck Due To Icy Conditions? Can I Still Recover?
You can still recover, if a truck strikes your vehicle due to poor weather. In addition to the other rights and responsibilities on the road, truck drivers have a responsibility to check the weather and know what is coming. They are responsible to anticipate those conditions and adapt to them. If a tractor-trailer is driving in Scranton, Pennsylvania without snow tires or chains on the tires, that can clearly go to show that driver’s negligence. It is up to the driver and his company to make the right decision as to whether they should be out under inclement weather. Commercial shippers are held to a higher standard of care, due to the ability of their vehicles to cause more significant injuries to people.
For more information on Trucking Accidents In Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 225-3317 today.
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