Trucking accidents are caused by many conditions, including DUI, adverse weather, road hazards, and mechanical failures. When a trucking accident occurs, law enforcement is required to complete a more thorough investigation to find the exact cause. Victims who were involved in a trucking accident must determine who is liable before proceeding with a legal claim.
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The commercial driver faces liabilities for the trucking accident if they caused it. Common reasons that commercial drivers are liable for accidents include exhausted driving, intoxication, and using controlled substances. After a trucking accident, commercial drivers must submit to chemical testing according to the law and the terms of the trucking company’s insurance policy. The legal blood-alcohol content for commercial drivers is far lower than other adult drivers. Commercial drivers are normally charged with DUI if their blood-alcohol content is 0.04% or higher.
All commercial drivers are required to follow all Federal Motor Carrier Safety Administration regulations. The purpose of the regulations is to prevent exhausted driving. All drivers must take an eight-hour rest period after any 12- to 14-hour driving schedule. Drivers log all their driving hours in an electronic log, and law enforcement reviews the log after an accident. If the driver didn’t follow the federal regulations, the driver is liable for the accident and any injuries that resulted from the wreck. Trucking accidents that happen in Corpus Christi are managed under federal and state laws.
The trucking company is responsible for keeping the trucks serviced and safe to operate on the road. Regulations require the owner of the trucking company to complete and pass safety inspections. Any violations of regulations require the owner to complete repairs and schedule a new inspection. If the owner doesn’t provide a safe truck for the driver, the trucking company is liable for the accident, any injuries sustained by other parties, and the commercial driver’s injuries.
The mechanic that serviced the truck could be deemed liable if the individual didn’t follow proper protocols when fixing an issue. A review of all mechanical repairs and replacements is conducted after a trucking accident. Investigators determine if the mechanic failed to repair any reported issues properly. If the repairs weren’t performed correctly, the mechanic is liable for the accident and all resulting injuries.
Manufacturers are required by federal laws to provide safe products to consumers and businesses. If any parts were replaced prior to the accident, the parts are evaluated for flaws. If testing determines that any truck parts were faulty due to their design or botched safety inspections, the manufacturer is liable for the accident and all resulting injuries.
The other driver is liable if they caused the accident. Law enforcement may determine which driver was responsible for the accident. If the other driver was liable, the driver must file an insurance claim for the accident, auto or truck damage, and all injuries that happened.
Trucking accidents lead to lawsuits if the accountable party doesn’t have proper insurance coverage. Victims have the right to start a legal claim to collect compensation. A thorough investigation uncovers what party is liable for the accident and the victim’s injuries. Knowing who caused the accident is the first step to starting an effective legal claim.
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