Who is at Fault In a Cargo-Related Accident?

September 20, 2017

The statistics involving cargo-related accidents in the United States are staggering each year, with close to 100,000 vehicle accidents involving large trucks and busses, according to the Federal Motor Carrier Safety Administration (FMCSA).

Often, those that have been involved in truck accidents get injured, and in some cases, killed, with about five percent of truck-related accidents ending in death.

In these types of road accidents, victims are in need of compensation for their exorbitant medical bills, pain and suffering. But sometimes it’s difficult to track down exactly who is at fault in a cargo-related accident.

Fears Nachawati, a premier Dallas truck accident attorney in Texas, has dealt with hundreds of these types of cases, and they’re familiar with the intricacies of who is involved.

Since the trucking industry has many different entities involved, it’s tough to nail down just who is liable for a cargo-related accident. Remember that more than one of the parties below can be at fault in a cargo-related accident.

Truck Driver

Most of the time, driver error is the cause for a truck accident, whether it was the driver breaking the law, driving distracted or even intoxicated. One common problem is that truck drivers are on the road for too long, driving at night, and a minor mistake turns into a huge one that could make them liable in your case.

Trucking Company

A trucking company has a responsibility to the community to do what they can to hire safe drivers and not force them to drive unreasonable hours. If they hire a driver that’s unqualified to drive their trucks, they’re liable for anything he damages.

Also, a trucking company with harsh deadlines could force a driver to stay on the road longer than is safe, making it more likely he makes a mistake.

Truck Owner

Owners of the trucks are usually responsible for making sure the truck is properly maintained, including getting the brakes done and having quality tires on their truck. Trucks are supposed to pass inspections, and when they don’t, they need their parts replaced by the owner. If a faulty set of brakes or an old worn out tire is the cause of the accident, then the owner might be liable.

Cargo Loaders

Since big trucks are hauling cargo across the country on major highways, they need to be properly loaded so that the weight distribution is right. If the truck is loaded up too much, making it too heavy, then an accident can be caused if it needs to brake quickly, take a sharp turn or overturns on a tilted road. That makes those that loaded the truck liable for the accident.

Manufacturers of Truck Parts

With so many parts on a cargo truck, it’s easy to understand that one might become faulty, affecting the integrity of the entire truck. If one of those parts is defective, it might have contributed to the accident, which makes the manufacturer at least partially liable.

If you’re the victim of a cargo-related accident, and you need the services of a Dallas truck accident attorney, come talk about your case with Fears Nachawati attorney. Give them a call at (214) 890-0711, or come down to their downtown Dallas offices on Greenville Avenue. You can also visit their offices in Austin, Fort Worth, Houston and San Antonio, as well as in Denver and Tampa.

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