Who Is Liable In Truck Accidents

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Liability is a legal term meaning responsibility. After a serious auto accident involving a commercial truck, multiple parties might be liable to innocent victims for injuries. Legal liability arises when a party acted negligently in failing to exercise reasonable care under the circumstances, and that breach of duty was the proximate cause of the accident. Car and truck accident litigation involves complicated state and federal laws, and injured individuals will face powerful trucking industry corporations and their insurance carriers. After a car accident with a commercial truck, the Cincinnati accident lawyers at The Moore Law Firm investigate potentially liable parties, gather evidence to prove negligence and prepare for trial in the event that settlement fails.

Responsible Parties Who are Liable for Truck Accidents

After a semi-truck accident involving passenger cars, there may be multiple parties to sue for compensation for a victim’s resulting injuries. These liable parties include:

  • Drivers. Intoxicated drivers, distracted drivers and those who have acted unreasonably or carelessly in operating the truck and its equipment will be liable for negligence.
  • Employers. Most truck drivers work for an employer, usually a trucking, shipping or retail company. Under the legal principle of “respondeat superior,” employers are liable for their employees’ negligent acts while on the job.
  • Manufacturers. The manufacturer of a truck may have liability if the truck or any part was defective in design or installation, and that defect caused or contributed to the accident.
  • Loading Companies. These companies must ensure a truck is loaded properly and in accordance with industry regulations. If a truck was overloaded, the excess weight can cause accidents and the loading company may be liable. Imbalanced or unsecured loads can result in loss of control accidents, as well.
  • Bars or Restaurants. In most states, a commercial establishment is responsible for accidents caused by serving an intoxicated person. Liquor liability is an important consideration when alcohol consumption is an issue.
  • Insurance Companies. All the above-listed parties will likely have insurance policies to protect their financial interests in the event of an accident. If an insurance company does not agree to pay an injured motorist’s claim in full, litigation against the insurance company will be necessary. For catastrophic injuries and wrongful death actions involving extensive damages, multiple insurance carriers could be parties to the litigation.

Damages Available to Injured Motorists After a Truck Accident

The liable parties in a commercial truck car accident will be responsible to pay the damages suffered by an innocent motorist. In the event of a fatal car accident, the family of the deceased may sue for their loved one’s wrongful death. The types of damages available to victims and families include:

  • Lost past wages and income
  • Loss of future wages and income
  • Costs of medical treatment, hospitalization and long term care
  • Pain and suffering
  • Emotional distress
  • Loss of spousal rights to consortium and companionship

The Moore Law Firm has the resources, knowledge and skill to successfully litigate your trucking accident claim from beginning to end. The trucking industry is not going to readily admit liability, and it will take investigations and diligent effort to get the insurance companies to pay a claim in full. In the event we cannot settle the case for a fair and reasonable amount that justice requires, our Cincinnati car accident lawyers will file suit to obtain the compensation you deserve. If you or someone you love has suffered injuries in a commercial truck accident, our Cincinnati accident lawyers stand ready to help with guidance and a consultation.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.